Darling v. Rodgers
Supreme Court of Kansas
Error from Saline District Court. Chapter 115 of the Laws of 1870, was approved February 25th, and was published March 3d, 1870. Its title designates it as an act to provide a “ herd law ” for six counties, Saline, Ottawa, Washington, Cloud, Cherokee, and McPherson.
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Error from Saline District Court. Chapter 115 of the Laws of 1870, was approved February 25th, and was published March 3d, 1870. Its title designates it as an act to provide a “ herd law ” for six counties, Saline, Ottawa, Washington, Cloud, Cherokee, and McPherson. The first section exempts the counties named from the provisions of the general “ fence law, for five years; § 2 prescribes as a rule, that if the owner of stock of any description shall allow the same to trespass upon the premises of’another person such owner shall be liable in damages for any injury sustained by reason of the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J. :
On the 27th of September, 1870, Charles Rodgers, defendant in error, filed his amended petition in the district court of Saline county, in which he charged that on the first day of June preceding, defendant’s stock entered upon his premises, situated in said county, and trampled upon and consumed wheat growing thereon, to his great damage; and for which damage he prayed judgment. Barling’s answer, not denying thein*597jury, alleged that said stock was running at large, and that there was no fence around said premises to prevent or hinder the…
2Cases cited3 opinions
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- State ex rel. Johnson v. HitchcockSupreme Court of Kansas · 1862
- Larkin v. TaylorSupreme Court of Kansas · 1870
3Cited by29 opinions
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- Gilmore v. NortonSupreme Court of Kansas · 1872
- Jones v. JonesSupreme Court of Alabama · 1891
- Rambo v. LarrabeeSupreme Court of Kansas · 1903
- Noffzigger v. McAllisterSupreme Court of Kansas · 1873
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