Fugate v. Smith

Thomson J.,

delivered the opinion of the court.

Robert S. Smith brought his action against J. H. Fugate for trespass to real estate. The complaint alleges that the plaintiff was the owner in fee of certain lands, describing them by their legal divisions and subdivisions; and that the defendant forcibly broke down a fence standing upon these lands, so that horses and cattle entered upon the premises, and ate up plaintiff’s grass and hay, and trod down and injured his crop of'growing potatoes; by reason of all of which he suffered damage. The answer was a general denial. The plaintiff had verdict…