McKee v. Trisler

I cannot agree with the conclusion arrived at by the majority opinion of this court. The parties were adjoining landowners, having inclosed fields for the pasturing of stock. There was no evidence that the bull had any vicious tendencies or was known to be ‘ ‘breachy. ’ ’ There was testimony tending to show that the fence dividing the two pastures was a partition or division fence, and the case was tried by both parties on that theory. The amount of the judgment is not large, but the construction given to section 20, ch. 54, Bev. St. [Cahill’s Ill. St. ch. 54, ft 20] and the instruction given…