Driver v. Germann

PRITCHARD, Judge.

This is an action for damages to a field of soybeans caused by appellants’ cattle escaping from their land through a division fence, stipulated to have been lawfully erected. § 272.210, RSMo 1978.

On trial de novo to the court, judgment was rendered against appellants for $1,035.25, 9% interest thereon, and for costs.

On August 14, 1980, Larry Dunn had 20 acres of soybeans growing on the Drivers’ land which was west of the division fence. There was a strip of brush and trees on the west, and to the east was the Germanns’ grazing pasture. There was no evidence of any agreement…