Noffzigger v. McAllister
Supreme Court of Kansas
Error from Bourbon District Court. Trespass, brought by Noffzigger to recover damages for injuries committed to his lands and growing crops by colts belonging to McAllister, in Walnut township. The plaintiff's premises were uninclosed by a fence, and he relied upon an order made by the board of commissioners of Bourbon county establishing the night herd law in said township.
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Error from Bourbon District Court. Trespass, brought by Noffzigger to recover damages for injuries committed to his lands and growing crops by colts belonging to McAllister, in Walnut township. The plaintiff's premises were uninclosed by a fence, and he relied upon an order made by the board of commissioners of Bourbon county establishing the night herd law in said township. The action was commenced in a justice’s court, and taken to the district court by appeal, where it was tried at the December Term 1872, before E. M. H., judge pro tern. Judgment for defendant. Noffzigger brings the case…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for alleged trespass by the defendant’s stock, to-wit, colts, upon the real estate and crops of the' plaintiff. Only two questions are raised in the case in this court: First, Is article 1 of the act of the *320legislature of 1868 relating to stock (Gen. Stat., 1002, ch. 105,) constitutional and valid? Second, If it is, then, did the plaintiff in this case introduce sufficient evidence on the trial to show that said article was in actual operation in Walnut township, Bourbon county, at the time that the said alleged…
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