Kennard v. Fudge

Ed. F. MoFaddin, Justice.

The parties own adjoining farms; and a jointly owned fence is the common boundary. Piney Creek runs through the two farms; and in February, 1949, high water from the creek washed out a portion of the fence. Some of Kennard’s cattle thereby strayed to Fudge’s land and destroyed his hay stacked in the field. Fudge filed action against Kennard, seeking damages for the hay so destroyed. From a jury verdict and judgment awarding damages, Kennard brings this appeal, claiming that the trial court erred in refusing to give a requested instructed verdict for the defendant.

Secti…