Willard v. Mathesus

Appellee was the owner of a quarter section of patented land; forty acres of this land were inclosed by a pole and slab fence, which, according to the evidence, was probably sufficient to protect appellee’s crops from cattle and horses running at large; but it was no protection against sheep, as they could pass through it almost anywhere without injury either to themselves or to the fence. Appellant’s flocks, while in charge of herders, strayed upon appellee’s lands through her said fence and damaged her hay crop. She brought suit. The cause was tried, on appeal, by the county court without…