Hill v. Gibson
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh. Basham, Judge; STATEMENT BY THE COURT. Appellee sued appellant for damages alleged to have been caused by the trespassing of appellant’s stock upon her crops. The complaint alleges that appellee is the owner of certain lands within Fencing District No. 3, of Conway County; that said district is a legally constituted and existing fencing district of said county, within which it is made unlawful for stock to run at large.
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Appeal from Conway Circuit Court; Hugh. Basham, Judge; STATEMENT BY THE COURT. Appellee sued appellant for damages alleged to have been caused by the trespassing of appellant’s stock upon her crops. The complaint alleges that appellee is the owner of certain lands within Fencing District No. 3, of Conway County; that said district is a legally constituted and existing fencing district of said county, within which it is made unlawful for stock to run at large. That appellant turned his cattle on her crop on her said land to her damage in the sum of one hundred dollars, and she prayed judgment…
1Opinion of the CourtSmith, J.
(after stating the facts). It appears that at the time of the depredations of defendant’s stock, the fencing district was not enclosed with a lawful fence, and thát the gates were down, and, consequently, stock could, come in or go out of the fencing district at will. The court’s instruction, numbered one, and defendant’s instruction numbered two, which was given are apparently in conflict, for this second instruction tells the jury that defendant would not be liable for the damage done by his stock if the fencing district was not enclosed by a lawful fence. Under the evidence, this…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
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