Markin v. Priddy
Supreme Court of Kansas
Motion for Rehearing. ActioN by Markin against Priddy, to recover $200 damages alleged to have been caused by defendant’s cattle to plaintiff’s growing corn and grass. On January 14, 1886, the court sustained defendant’s demurrer to plaintiff’s evidence; and on April 27, 1886, overruled plaintiff’s motion for a new trial, and rendered judgment against him for costs.
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Motion for Rehearing. ActioN by Markin against Priddy, to recover $200 damages alleged to have been caused by defendant’s cattle to plaintiff’s growing corn and grass. On January 14, 1886, the court sustained defendant’s demurrer to plaintiff’s evidence; and on April 27, 1886, overruled plaintiff’s motion for a new trial, and rendered judgment against him for costs. Marldn brought the case to this court, where the judgment of the court below was affirmed, at the June session, 1888. The plaintiff in error filed a motion for a rehearing, which the court decided at its session in February, 1889,…
1Opinion of the Court
The opinion of the court was delivered by
HortON, C. J.:
At the time of the alleged damages caused by defendant’s cattle to the plaintiff’s growing corn and grass, the plaintiff’s and the defendant’s farms were inclosed, but there was no partition or other fence between them: that is, there was no fence along the east line of the defendant’s southwest corner — at least, no sufficient fence to turn stock. When the defendant turned his cattle loose in his southwest quarter, 'he knowingly permitted them to go upon the southeast quarter, being the farm of plaintiff, because there was no fence…
2Cases cited2 opinions
- Baker v. RobbinsSupreme Court of Kansas · 1872
- Markin v. PriddySupreme Court of Kansas · 1888
3Cited by2 opinions
- Chicago, Kansas & Western Railroad v. Abilene Town-Site Co.Supreme Court of Kansas · 1889
- Blasdel v. FinksSupreme Court of Oklahoma · 1914