Loveland v. Gardner

— The defendants inclosed their land with a barb-wire fence, part of it running along a highway. The posts were thirty-six feet apart, and had fastened to them three strands of barb wire. The first strand was twenty-four inches above the ground; the second, thirteen inches above the first; and the third, fifteen inches above the second. Nothing was used in the construction of the fence but posts and wire. 'The fence was built entirely upon the lands of the defendants. Plaintiff, who is an adjoining owner, and a stock-raiser, alleged and proved that some of his horses came in contact with the…