Barber v. Mensch

Citations

• 157 Pa. 390
• 27 A. 708
• 1893 Pa. LEXIS 1428

Syllabus

<p>[Marked to be reported.]</p> <p>Fences — Oattle—Trespass—Statutes—Repeal—Acts of 1700, March 11, 1842, April4, 1889.</p> <p>Until the act of April 4, 1889, P. L. 27, was passed the first section of the act of 1700 was in force throughout the commonwealth. By the repeal of the act of 1700 the rights of owners of cattle and landowners were left as they were at common law, which required owners of cattle to fence them in, or be answerable in damages for their trespasses.</p> <p>Since the act of April 4, 1889, the owner of cattle who is sued for damages for the trespass of his cattle, must show, to prevent recovery, that he kept his cattle in or tried to by a sufficient fence.</p> <p>The act of April 4, 1889, repealing the act of 1700, 1 Sm. L. 13, is not inconsistent with the act of March 11, 1842, P. L. 62, and did not repeal it.</p>