Chicago & South Eastern Railway Co. v. Abbott

This action was brought by the appellee to recover the expense of constructing a certain fence along his lands abutting on the right of way of appellant, under the provisions of sections 1077 and 1078, Elliott’s Supplement, sections 5323 and 5324, R. S. 1894. It is conceded that the complaint is, in all respects, suffi*100cient. An answer of general denial was filed. The cause was tried by the court, and judgment rendered against the appellant for $321. The appellant filed a motion for a new trial, based upon two grounds: First, because the finding and judgment of the court were contrary to the…