Jackson v. Wallis

EVANS, Justice.

This suit was brought by Fred Wallis and his tenant, Elton Brietzke, to recover damages resulting from the loss of a fence which disappeared from Wallis’ land without a trace Labor Day, September 6, 1971. After a non-jury trial, the trial court determined that the defendant, Don Jackson, had removed the fence or caused it to be removed, without warning or notice to Wallis or his tenant, and awarded Wallis $450.-00 for the loss of the fence and $150.00 for the loss of hay and feed. Finding that the act was done wilfully and wantonly and with intent to injure Wallis, it also…