Guyer v. Stratton
Supreme Court of Connecticut
Action on the 5th section of the statute concerning fences, (Rev. Stat., tit. 15,) to recover double the value of repairs made by the plaintiff upon the fence of the defendant, the fence having been found insufficient by the fence viewers and the defendant having neglected to repair it after notice from them. The case was tried to the jury on the general -issue.
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Action on the 5th section of the statute concerning fences, (Rev. Stat., tit. 15,) to recover double the value of repairs made by the plaintiff upon the fence of the defendant, the fence having been found insufficient by the fence viewers and the defendant having neglected to repair it after notice from them. The case was tried to the jury on the general -issue. On the trial it was admitted by the parties that there had never been any divisional fence between their lands until November, 1853, when the plaintiff and defendant made a parol division by agreement, the plaintiff taking the east…
1Opinion of the CourtSanford, J.
A number of questions are presented by' this motion. .
First, it is claimed that the superior court erred in receiving parol evidence of the division of the fence in question. The statute requires each of two adjoining proprietors to make and maintain one half of the divisional fence, (Rev. Stat., tit. 15, sec. 2,) and it provides a way in which an existing fence may be divided where adjoining proprietors can not agree, or where either party refuses to make such division. Id., §§ 4, 8. It points out also the manner in which a compulsory division shall be perfected, and indicates by strong…
2Cases cited3 opinions
- Town of Middletown v. Town of BerlinSupreme Court of Connecticut · 1846
- Edgerton v. MooreSupreme Court of Connecticut · 1859
- Fox v. BeebeSupreme Court of Connecticut · 1855
3Cited by10 opinions
- Tsuboi v. CohnIdaho Supreme Court · 1924
- De Mers v. RohanSupreme Court of Iowa · 1905
- Pitzner v. ShinnickWisconsin Supreme Court · 1877
- Meyer v. PerkinsNebraska Supreme Court · 1911
- Nelson v. WilsonSupreme Court of Iowa · 1912
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