Morris v. Fraker

This was an action instituted by Eraker, the plaintiff below, to recover damages for injuries done to his growing crops of grain and potatoes by the cattle of the appellant.

The trial was by the court, a jury being waived by the parties, and resulted in the finding and judgment for the plaintiff, in the sum of $100.

The defendant, Morris, offered to prove that the fence which inclosed the plaintitffs land was wholly insufficient to turn or*426dinary stock running at large upon the range, and that it was not such a fence as is required by law.

Plaintiff’s counsel objected to the testimony, [rat it…