Myers v. Dodd

The facts appearing in evidence, and by the verdict, were, that Dodd and Myers were adjoining land owners. Their lands had been separated by a partition fence; but a-part of it had been carried away by high water, about a year before the trespass complained of, and it was otherwise dilapidated. Myers being aware of the condition of the fence, turned his cattle in upon his adjoining close, whence they escaped into the field of Dodd, and destroyed his corn; for which injury Dodd brought this action,, and recovered.

The question of Myers’s liability upon this state of facts is reserved upon…