Smith v. Jones

This case comes, by appeal in the nature of a writ of error, from the Circuit Court of Fentress County, wherein E. S. Jones ob*340tained verdict and judgment against John Smith for the sum of $100, as damages for the invasion of the former’s field and the destruction of his ■ corn by the latter’s cattle.

The proof shows (1) that Jones owned a field of corn, which was invaded and damaged to the extent of $100 by Smith’s cattle; (2) that the fence around the field was not a lawful fence, being a common rail fence less than five feet high; and, (3) that the trespassing cattle were £ £ notoriously •…