Scott v. Buck
Illinois Supreme Court
Writ of Error to the Circuit Court of 'Lawrence county; the Hon. James 0. Allek, Judge, presiding. This was an action of trespass, brought originally before a justice of the peace, by John Scott against Lee Buck, and taken on appeal to the circuit court, where a trial was had resulting in a verdict and judgment for the defendant.
1Opinion of the CourtJustice Craig
This action was brought on the 29th day of August, 1873, to recover for growing crops destroyed by the cattle of defendant in error. The testimony showed that the plaintiff’s field, in which the damage was done by defendant’s cattle, was inclosed with a fence sufficient to turn the ordinary stock of the neighborhood, although somewhat unruly, but the fence was not five feet high. On the trial of the cause, the court instructed the jury, on behalf of defendant, “ that a good and sufficient fence, under the laws of Illinois, is a fence that is at least five feet high from the ground; and if the…
2Cases cited1 opinion
- Scott v. WirshingIllinois Supreme Court · 1872
3Cited by2 opinions
- Leggett v. Illinois Central R. R.Appellate Court of Illinois · 1897
- Chicago, Burlington & Quincy Railroad v. EvansAppellate Court of Illinois · 1892