cattle

From law Latin capitalia. Beasts subject of ownership at common law; domestic animals, useful as food or for labor. The term "cattle" includes horses and asses as well as domesticated horned animals. 47 111. 463.

A collective name for domestic quadrupeds generally, including not only the bovine tribe, but horses, asses, mules, sheep, goats, and swine. Web. Diet; Decatur Bank v. Bank, 21 Wall. (U. S.) 299, 22 L. Ed. 5G0. A railroad engineer cannot take chances of an animal's getting off the track, where he has an opportunity of avoiding all possibility of an injury; Elmsley v. R. Co. (Miss.) 10 South. 41. It is immaterial whether the stock was legally at large or not, where the road is not fenced; Terre Haute & I. R. Co. v. Schaefer, 5 Ind. App. 86, 31 N. E. 557; but where not legally at large and the company is under no legal obligation to fence its road, it will only be responsible for gross, 'wanton, or wilful negligence in causing injury to stock; Windsor v. R. Co., 45 Mo. App. 123. See Ohio & M. Ry. Co. v. Gross, 41 111. App. 561. The law does not presume negligence from the mere fact that stock was killed or injured by a railroad company; Eddy v. Lafayette, 49 Fed. 79S, 1 C. C. A. 432; See Animals; Running at Large.

A term which includes the domestic animals generally; all the animals used by man for labor or food. Animals of the bovine genus.

In a wider sense, ali domestic animals used by man for labor or food, including sheep and hogs. Mathews v. State, 39 Tex. Cr. R. 553, 47 S. W. 647; State v. Brookhouse, 10 Wash. 87, 38 Pac. 862; State v. Credle, 91 N. C. 640; State v. Groves, 119 N. C. 822, 25 S. E. 819; First Nat. Bank v. Home Sav. Bank, 21 Wall. 299, 22 L. Ed. 560; U. S. v. Mattock, 26 Fed. Can. 1208. -battle-gate.

In English law. A right to pasture cattle in the land of another. It is a distinct and several interest in the land, passing by lease and release. 13 East, 159; 5 Taunt. 8ll.

— Cattle-guard. A device to prevent cattle from straying along a rai

Domestic animals, including swine, mules, as well as animals of the ox kind,

A term which includes the domestic animals generally; all the animals used by man tor labor or food. Animals of the bovine genus. Ina wider sense, all domestic animals used by man for labor or food, including sheep, (2 Sawy. 148,) and hogs, (21 Wall, 294.)

'' Domestic animals generally; ai^imals useful for food or labor. " Sheep, oxen, swine, and horses, which we in general call cattle, may be estrays." ^ Not only domesticated horned animals, but also swine, horses, asses, and mules.^ In an indictment " steer " may be used for " cattle " or " neat cattle." ' 1 See 1 Shars. Bl. Com. 61; 2 id. 260; 4 id. 302. 2 See United States v. Union Pacific E. Co., 91 U. S. S5 (1875); Hobbs v. Mc Lean, 117 id. 579 (1886). a 3 Bl. Com. 50-51. * L. L, catalla, movables. In old English, " cattle " had not that meaning,

— Marsh, Eng. Lang. 246. From L. capitalis, the head or chief. Compare "pecunia-ry," and '* feud." When wealth consisted in heads of cattle (capita, capitalia), the word which designated them came to include all kinds of property. In the Elizabethan age " quick cattle " meant live stock. In time " chattel " denoted dead, inanimate property; and " cattle " sensate possessions. Wiclif, in 1380, translated Luke viii, 44, " a woman that spendid all hir catel in leechis; " and Chaucer, in 1.388, wrote that &n avaricious man "hath hope in his catel." See Trench, Glossary, 29. » 1 Bl. Com. 298. 'See United States v. Mattock, 2 Saw. 149-51 (1872); Decatur Bank v. St. Louis Bank, 21 Wall. 299 (1874); Ohio, &c. E. Co. V. Brubaker, 47 111. 462 (1868); Toledo, &c. R. Co. V. Cole, 50 id. 186 (1869); Hubotter v. State, 32 Tex. 484 (1870); 27 id. 726; 45 id. 84. Within the meaning of a penal statute, " buffaloes " may not be cattle.' See Animal; Damage-peasant; Feed; Fence; Heifer; Hog; Horse; Perishable; Provisions