Kurz v. Turley

— This action was a trespass by the defendants in removing the fencing inclosing a growing crop, on the plaintiff’s land, thereby causing damage to the crop. The defense was that the fence was removed by the road overseer and other defendants, because it" obstructed a public road. There was a judgment for the respondent and an appeal taken.

The only error assigned is that the court instructed the jury on the theory that the road overseer under the statutes existing at the time this cause of action accrued (Eevised Statutes, 1889, sections 7807 and 7827) had no power nor right as such overseer…