Schecter v. Morgan

Opinion by

Mr. Justice Allen.

This is an action for damages. The plaintiff was the owner of a field of peas which adjoined a like field in possession of the defendant. The defendant pastured a certain number of cattle upon his own field. The animals strayed and trespassed a few times upon the plaintiff’s land, and it is to recover for the injury caused thereby that this, action was brought. The plaintiff obtained a judgment, and the defendant brings error.

A line fence separated plaintiff’s field from that of the defendant. It is conceded that this fence was not a legal and sufficient fence,…