Vannest v. Dealaman

*565Tlie opinion of the court was delivered by

Bergen, J.

The case, as settled by the trial court, shows that the plaintiff and defendant are the owners of adjoining farm lauds, separated by a partition fence, a portion of which it was the duty of defendant to erect and maintain; that defendant neglected to perform Ids duty in this regard, and because of the insufficiency of the fence, which the defendant was bound to maintain, a cow belonging to plaintiffs escaped from plaintiffs’ land and wandered to that of the defendant, on which there was growing a crop of corn which was then green and unripe…