Brown v. Arkebauer

The appellees were tbe owners of 2% acres of land planted in strawberries into which the cattle of the appellant, to the number of 150 or 200 head, were allowed to pasture, completely destroying the berries. Appellees brought suit in the court below and recovered the sum, of $175 as damages. The appellant has duly prosecuted this appeal.

On a trial of the case the court refused to permit tlxe introduction of testimony offered on the part of the appellant tending to show the condition of the fence around the berry patch for the reason that that territory was included in a fencing district…