McAfee v. Walker

The opinion of the court was delivered by

Mason, J.:

H. W. McAfee and O. E. Walker occupied adjoining farms. McAfee claimed that he had sustained losses by reason of the trespass on his premise' cf bulls over a year old which Walker owned and *183permitted to run at large in violation of law. He sued for damages and recovered a judgment, from which Walker appeals.

Walker defended upon the ground, among others, that if his animals did go upon the land of McAfee it was by reason of defects in the portion of a line fence which it was the duty of the latter to keep in good repair, in virtue of a…