McNally v. O'Brien

Citations

• 88 Ill. 237

Syllabus

<p>1. Division fence—evidence sufficient to show. Where the evidence shows that a plaintiff, at the request of the defendant, repaired a fence made by the defendant as a division fence, and had, from time to time, put boards upon it to about half the amount used in making it, this may be considered by the jury in determining the question whether it was a division fence.</p> <p>2. Error—improper instruction. Although some instructions given are not entirely accurate, a new trial will not be given when it can be seen, from the evidence and the amount of the verdict, that the jury were not misled.</p>