Lake Erie & Western Railway Co. v. Griffin

Dissenting Opinion.

Henley, J.

—As is stated in the majority opinion in this ease, the action begun by appellees in the lower court was for damages arising from the breach of an agreement made by appellant to fence its righ,t of way through the lands of appellees. The allegation in the complaint in regard to appellant’s agreement in the matter of fencing is. that appellant “agreed in said deed to build and perpetually maintain, on the line dividing the right of way conveyed from *152the residue of said Griffin farm, a good and sufficient fence against all hogs, cattle, horses, sheep, and other…