McCain v. White

Citations

• 67 Miss. 243

Syllabus

<p>1. Partition Fence. Neglect to repair. Animals trespassing. Right of co-owner. Code 1880, § 988.</p> <p>By reason of the proviso to § 988, code 1880, where one joint owner of a partition fence fails to keep his part in repair, whereby his animals break into the premises of the co-owner, who injures them while thus trespassing, no damages are recoverable for such injuries.</p> <p>2. Same. Effect of proviso. No damages recoverable.</p> <p>The prohibition in said proviso is not limited to suits for the statutory damages arising under said section. It deprives the negligent joint owner of the right to recover any damages whatever for injuries done to his animals under the circumstances therein stated.</p>