56. Trespass from the highway.

An exception to the rule of strict liability for damage done by trespassing livestock1 exists where the livestock strays from the highway, and its presence there was a lawful use of the highway2. In such cases it is necessary to prove negligence, and in the absence of negligence the person to whom the livestock belongs is not liable for damage3. It is a risk a man takes who has property adjoining the highway, and the loss falls upon him if he does not take precautions by fencing or otherwise to protect it