Nowers v. Oakden

McDonough, justice.

This is an appeal on the judgment roll of a decision of the District Court in and for Beaver County.

The defendants’ cattle trespassed on land owned by the plaintiff doing damage thereon to the amount of $180'. The land in question was not enclosed by a “lawful fence,” as defined by an alleged ordinance of Beaver County hereinafter discussed. The trespass of the cattle was not intentional on the part of the defendants. The plaintiff sued defendants basing his cause of action on Section 3-5-79, U. C. A. 1943. This section and the two preceding sections of the statute are as…