Fox v. Fearneyhough

This appeal arises from dismissal of the complaint of the plaintiff upon motion of the defendant. The action is for money damages to property occasioned by the death of plaintiff’s livestock from overeating defendant’s grain.

The basis of the action is improper maintenance of defendant’s share of a division fence between property leased by plaintiff and property leased by defendant. Plaintiff’s allegations concern alleged violation of the defendant’s duty to maintain his portion of the division fence under the fence law (Ill Rev Stats 1965, c 54, § 1 et seq.) and by virtue of the common law.

Pla…