Missouri Pacific Railway Co. v. Olden

Citations

• 72 Kan. 110
• 83 P. 25
• 1905 Kan. LEXIS 319

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads — Injury to Stock — Effect of Fence Law. The fence law of 1868 (Gen. Stat. 1901, § 3071 et seq.) modified the common-law rule of liability for damages done by trespassing animals, and relieved the owner thereof from all liability for damages resulting therefrom, except trespasses committed on lands enclosed with the legal fence described in the act.</p> <p>2. - Herd. Law — Common Law. The herd law of 1872 (Gen. Stat. 1901, §7466 et seq.), where adopted, is a re-adoption of the common law in this respect as it existed prior to the enactment of the fence law of 1868.</p> <p>3. - Fence Law Inoperative Where Herd Law Exists. The fence law of 1868, which defines the kind of fence with which land must be enclosed before the owner can recover damages committed by trespassing stock, has no application for any purpose in counties where the herd law of 1872 has been adopted.</p>