Baker v. Robbins
Supreme Court of Kansas
Error from Brown District Court. Trespass, brought by Bobbins to recover damages for injuries done to his growing crops by the cattle of Baher. The case involves the rights and liabilities of occupants of adjoining lands between whom there is no partition fence. The material facts are stated in the opinion.
Read the full summary
Error from Brown District Court. Trespass, brought by Bobbins to recover damages for injuries done to his growing crops by the cattle of Baher. The case involves the rights and liabilities of occupants of adjoining lands between whom there is no partition fence. The material facts are stated in the opinion. The alleged injury was committed in December, 1870. The evidence showed that the lands of Bobbins and Baher were inclosed together, as one field; that Bobbins had twenty acres of growing wheat on his land, adjoining the land of Baher; that a part of Baher’s land was prairie which had been…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
There is but one question of laAV to be *306decided in this case; and the most favorable statement of facts that can be made for the plaintiff in error so as to present that question of law is as follows: Baker and Robbins owned adjoining farms, fenced in common—no partition fence having-been made between them, though they used their farms in severalty. Baker turned a herd of cattle righfully upon his own premises, without the consent of Robbins however, and lcnowing-ly permitted them to wander upon the premises of Robbins and do great injury…
2Cases cited5 opinions
- Myers v. DoddIndiana Supreme Court · 1857
- McCormick v. TateIllinois Supreme Court · 1858
- Headen v. RustIllinois Supreme Court · 1866
- Buckmaster v. CoolIllinois Supreme Court · 1850
- Johnson v. WingMichigan Supreme Court · 1854
3Cited by8 opinions
- O'Riley v. DissMissouri Court of Appeals · 1890
- Kobayashi v. StrangewayWashington Supreme Court · 1911
- Smith v. KirchnerSupreme Court of Oklahoma · 1898
- Hubert v. Connell Northern Railway Co.Washington Supreme Court · 1913
- Markin v. PriddySupreme Court of Kansas · 1889
3 more not listed; retrieve them via the Exa API.