DocketNumber: No. 4039
Citation Numbers: 3 Willson 331
Judges: Hurt
Filed Date: 3/3/1887
Status: Precedential
Modified Date: 9/7/2021
Opinion by
§ 273. Trespass upon land by grazing stock thereon; right of action for damages therefor; ease stated. Appellant brought this suit to recover of appellee damages for entering upon its land with five thousand head of sheep, and herding said sheep upon said land, thereby destroying the grass and herbage thereon growing. Verdict and judgment for appellee. Held: The land was uninclosed, and this fact appears to have been regarded as very material on the trial. Counsel for appellant requested the court to charge the jury that, to entitle the plaintiff to recover for a trespass upon his real estate, it was
Reversed and remanded.