Barton v. Harris

This was an action commenced by appellee against appellant before a justice of the peace to recover damages to his corn grown on land which he had rented from one Jacob Darst. The appellant occupied a piece of land adjoining that occupied by appellee, and the fence not being kept up the cattle of appellant got through and onto the land of appellee, and committed the damages to the corn of appellee complained of and for which the judgment was rendered. This dispute is as to whose duty it was to keep up the fence.

The case was tried without a jury by the court. It appears that after the finding…