Trust v. Trenary

By JUDGE HENRY H. WHITING

In this case the plaintiff claims damages arising out of the trespass by the defendant’s cattle on the land of the plaintiff in a "no fence" county. The Court is required to pass upon the sufficiency of Ground No. 4 of the grounds of defense setting forth the affirmative defenses of contributory negligence and unavoidable accident. Both parties have submitted authorities on those issues, but the Court notes that the defendant [sic] has filed no pleading testing the sufficiency of that ground of defense and makes this ruling upon the assumption that the appropriate…