Mackler v. Cramer
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. Statement of case by the court. This case was begun before a justice of the peace to recover double damages under Revised Statutes, section 5661, for injuries to crops alleged to have been caused by defendant’s failure and neglect to keep in repair his part of a division fence between his land and the land of plaintiffs.
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. Statement of case by the court. This case was begun before a justice of the peace to recover double damages under Revised Statutes, section 5661, for injuries to crops alleged to have been caused by defendant’s failure and neglect to keep in repair his part of a division fence between his land and the land of plaintiffs. The statement or petition is as follows : “ Plaintiffs for cause of action state that the defendant and the plaintiff John Mackler own adjoining farms, situated in Lamine township in Cooper county, Missouri ; that…
1Opinion of the CourtHall, J.
— The rights of the parties in this case depend upon the construction of section 5661, Revised Statutes. That section is as follows: “Every person owning a part of a division fence shall keep the same in good repair, according to the requirements of this chapter, and, upon neglect or refusal to do so, shall be liable in double damages to the party injured thereby.” Sections 5651 to 5664, Revised Statutes, both inclusive, were first enacted in 1877, and appear in the original act in the same order as respectively sections 1 to 14. They are, so far as they relate to one another, to be construed…
2Cases cited1 opinion
- State ex rel. Rosenblatt v. HemanSupreme Court of Missouri · 1879
3Cited by7 opinions
- Jackson v. FultonMissouri Court of Appeals · 1901
- O'Riley v. DissMissouri Court of Appeals · 1890
- Growney v. Wabash RailroadMissouri Court of Appeals · 1903
- Hopkins v. OttMissouri Court of Appeals · 1894
- M'cLean v. BerkabileMissouri Court of Appeals · 1907
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