Garretson v. Avery
Wyoming Supreme Court
Error to the District Court, Big Horn County, Hon P. W. Metz, Judge. Action by G. J. Garretson against H. C. Avery. Judgment for defendant, and plaintiff appeals. If one constructs a wire fence, it must be a lawful fence, as defined by Section 2578, Comp. Stats. 1910; and after so constructed, it must be maintained as a lawful fence, else the owner is liable for all damages to stock by reason thereof under Section 2588 Comp.
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Error to the District Court, Big Horn County, Hon P. W. Metz, Judge. Action by G. J. Garretson against H. C. Avery. Judgment for defendant, and plaintiff appeals. If one constructs a wire fence, it must be a lawful fence, as defined by Section 2578, Comp. Stats. 1910; and after so constructed, it must be maintained as a lawful fence, else the owner is liable for all damages to stock by reason thereof under Section 2588 Comp. Stats. 1910. Stock owners have implied license to depasture their stock on a public range and are not guilty of any contributory negligence in so doing. The negligence of…
1Opinion of the Court
Potter, Chiee Justice.
This cause was heard in the district court upon a general demurrer to an amended petition, and the demurrer was sustained. The plaintiff excepted thereto and elected to *56stand upon the petition without-pleading further, and thereupon a judgment was rendered in favor of the defendant. The case is here on appeal.
The petition alleges in substance: That on or about July-20, 1916, the defendant- was occupying, using, enjoying, maintaining and in charge of a certain enclosure in Big Horn county, this state, to-wit: The NE% of the NEj4 of Sec. 27, Twp. 50 N., Range 93 W., within…
Also in this document: Concurrence.
2Cases cited15 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Farris v. JonesIndiana Supreme Court · 1887
- Morrison v. . Cornelius and OthersSupreme Court of North Carolina · 1869
- Martin v. Platte Valley Sheep Co.Wyoming Supreme Court · 1904
- State v. JohnsonWyoming Supreme Court · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Andersen,. v. Two Dot Ranch, Inc.Wyoming Supreme Court · 2002
- Braunstein v. Robinson Family Ltd. Partnership LLPWyoming Supreme Court · 2010
- Sanford v. Arjay Oil Co.Wyoming Supreme Court · 1984
- Hinkle v. SiltamakiWyoming Supreme Court · 1961
- Sowers v. CorthellWyoming Supreme Court · 1952
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