Van Nest v. Dealaman

The opinion of the court was delivered by

Parker, J.

The sole; question argued in and decided by the Supreme Court, and to which we confine ourselves on this appeal, is whether by reason of the obligations imposed by the Fence act an action accrues in favor of an owner who has done his part as required by the act, as against an adjoining owner who- has not, and by reason of whose defanlt cattle of the diligent owner have gone through the defective fence on land of the delinquent owner and then suffered injury. In the present case, as the jury could find, plaintiff’s cow gorged herself with…