Field v. Irvin

OPINION OF THE COURT

BICKLEY, C. J.

This is a suit by appellant, hereafter referred to as plaintiff, against appellee (defendant), to enjoin the defendant from trespassing on the plaintiff’s land, constituting his summer home on the Pecos river. As presented in the brief of appellant, these trespasses consisted of: (1) Trespass by fishing; (2) trespass by pasturing horses; (3) trespass by breaking fence; (4) trespass by cutting and maintaining ditch. The charge of trespass by cutting firewood is abandoned.

The complaint contained allegations that the alleged trespasses had been continued and…