Vanderveer v. Moran

Calkins, C.

This was an action to recover damages for injuries suffered by the plaintiff’s minor son by riding into a barbedivire fence which the defendant had constructed across a traveled way upon his own land, without first putting up sufficient guards to prevent such accidents. There Avas a trial to a jury, and a verdict and judgment for the plaintiff, from which the defendant appeals.

1. The defendant moved to require the plaintiff to set out in his petition “whether or not there was a new road and plainly traveled track at the place where the road liad been changed to after the fence Avas…