Scott v. Wirshing
Illinois Supreme Court
Appeal from the Circuit Court of St. Clair county; the Hon. Joseph Gillespie, Judge, presiding. This was an action commenced by the appellant against the appellee before a justice of the peace, when the former recovered a judgment for $9 and costs of suit. Appellee appealed from this judgment to the circuit court, where, on a trial, a verdict and judgment was rendered for the appellee.
1Opinion of the CourtJustice Thornton
The court below instructed the jury that, before a recovery could be had for damages for the trespass of stock in breaking into an inclosure.and destroying corn therein, it must be proved that the fence was at least five feet in height from the ground.
The propriety of this instruction depends upon the construction which should be given to section 14 of the chapter entitled “ Inelosures and Fences.” (Rev. Stat. 1845, 277.)
AVe infer that the instruction was based upon this section, as counsel for appellee refer to it in their argument, and insist that fences must be at least five feet in height…
2Cases cited2 opinions
- Headen v. RustIllinois Supreme Court · 1866
- Stoner v. ShugartIllinois Supreme Court · 1867
3Cited by5 opinions
- Taylor v. YoungWisconsin Supreme Court · 1884
- Albright v. BrunerAppellate Court of Illinois · 1884
- Leggett v. Illinois Central R. R.Appellate Court of Illinois · 1897
- Scott v. BuckIllinois Supreme Court · 1877
- Pluym v. Illinois Central RailroadAppellate Court of Illinois · 1921