53. Trespass and straying on highway.

The owner of the soil of a highway may bring a claim for trespass if cattle depasture his herbage otherwise than in the lawful exercise of grazing rights1. If cattle are being lawfully driven along the highway and they crop the roadside herbage, the trespass may be justified as involuntary2.

The former common law principle whereby, because there was no general obligation on an owner or occupier of land adjoining a highway to fence his land or to keep his domestic animals off the highway, he was not liable for injury inflicted on a user of the highway save in