Miles v. Althoff

OPINION

CRIPPEN, Judge.

Respondents brought this action to obtain compensation for erection of a partition fence. Fence viewers had ordered appellant to erect the fence, and he failed to do so. Appellant claimed that he had not received notice of a fence examination by town viewers. The trial court held that there was substantial compliance with the notice requirement, and ordered judgment for respondents. We reverse.

FACTS

Appellant and respondents own property in Crow Wing County, with a common boundary line. Respondent Miles was dissatisfied with the upkeep of that portion of the boundary line…