Peterson v. Johnson
Wisconsin Supreme Court
Appear from, a judgment of the circuit court for Polk county: A. J. Viitje, Circuit Judge. This is an action for the recovery of damages for injury done by defendant’s sheep in trespassing on lands occupied by plaintiff. There is no dispute but that some of the damage was committed by defendant’s sheep. Defendant is the owner of eighty acres of land used for farming purposes, and plaintiff is the tenant of the land adjoining it. on the east.
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Appear from, a judgment of the circuit court for Polk county: A. J. Viitje, Circuit Judge. This is an action for the recovery of damages for injury done by defendant’s sheep in trespassing on lands occupied by plaintiff. There is no dispute but that some of the damage was committed by defendant’s sheep. Defendant is the owner of eighty acres of land used for farming purposes, and plaintiff is the tenant of the land adjoining it. on the east. The court found that the lands occupied by plaintiff and defendant were adjoining lands used and occupied for farming purposes and that the partition…
1Opinion of the Court
The following opinion was filed April 30, 1907:
SiebecKee, J.
The question presented is whether plaintiff, as tenant of the premises on which the damage was done by defendant’s sheep, is precluded from recovering for such damage under the provisions of sec. 1391, Stats. (1898). The first part of the section imposes the duty on “the respective occupants of adjoining lands, used and occupied for farming purposes,” of maintaining partition fences, unless they mutually otherwise agree. The section provides further :
“And owners of lands who do not maintain and keep in repair lawful partition fences…
2Cases cited1 opinion
- Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903
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- Henderson v. ChesleyCourt of Appeals of Texas · 1925
- Texas Bank Trust Co. of Beaumont v. SmithTexas Supreme Court · 1917
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