Smith v. Ott

Citations

• 100 Kan. 136
• 163 P. 918
• 1917 Kan. LEXIS 280

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Partition Fence — Trespassing Cattle — Damages—Liability. The provision relating to partition fences in section 4806 of the General Statutes of 1915 does not imply that if the stock of one party passes through a defective fence which he was to maintain and injures the property of another he can escape liability for the injury because the other had not kept his part of the fence in good repair and up to the legal standard.</p> <p>2. Same — Findings Sustained by Evidence. The evidence in the ease is held to be sufficient to sustain the finding that the cattle which caused . the injury passed through that part of the fence which defendants had agreed to maintain.</p>