Fiene v. Robertson

This is an action to recover for hay stacked on plaintiff’s premises and consumed by defendant’s cattle. Trial was had to the court and plaintiff recovered judgment. We affirm the judgment of the district court.

Plaintiff and defendant owned adjoining farms separated by division fences. Plaintiff had baled hay stacked or piled adjacent to the division fence. Defendant, in accordance with custom, rebuilt the right or east half of the fence, offered to assist plaintiff’s tenant in rebuilding the remainder, and nothing being done, made some repairs thereon himself. Notwithstanding such repairs,…