In what circumstances will the owner of a cattle be held liable for any injuries sustained by his or her cattle on a highway?

In the same case (Tillett v. Ward) Stephens, J., in effect states that when cattle are lawfully upon a highway and stray from there on to unfenced land adjoining the highway, the owner of the cattle is not responsible, without negligence, for any injury they may do.

In Goodwyn v. Cheveley, supra, it is decided that if cattle lawfully upon a highway stray from thence on to unfenced land adjoining the highway, the owner of the land has no right to distrain unless the cattle are not removed within a reasonable time after notice.

Blackburn, J., in Fletcher v. Rylands, L.R. 1 Ex. 265, at p. 286, observes that: Those who go on the highway, or have their property adjacent to it, may well be held to do so subject to their taking upon themselves the risk of injury from that inevitable danger.