Schaefer v. Mills

Defendant in error was plaintiff in an action against plaintiffs in error for damages resulting from a trespass of the latter’s livestock upon the land of the plaintiff. Plaintiff had judgment, and the defendants bring error.

It appears that the cattle of the defendants broke through a lawful fence on the south side of plaintiff’s field, which fence had been constructed by one of the defendants. The plaintiff’s fences, on the other sides of the field, were not constructed as required by the statute. Defendants contended that plaintiff had' no right of action because he had not protected his…