De Villiers v Van Zyl and Another [1880] ZASCCGH 20 (2 June 1880)

Reported
Flynote

Measure of damages in m action for trespass.-Animals ferre
naturre.

Case summary

Z. trespassed upon the lmd of V. and wrove off from it md
appropriated certain young wild ostriches which had been
reared upon it. Held, on action for trespass being 'brought
ug V., that in an action for trespass the Court is not
bound to award merely the amount of the pecuniary
loss caused by the actual trespass, but may take into
consideration all the circumstances of the ease, and that
there/o re, though the ostriches being ferare natuare had not
been the property of V., it was justijied in making their
value the measure of the damages awarded.


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