Proceedings of the Annual Meeting of the Iowa State Improved Stock-Breeders' Association Volume 8

Proceedings of the Annual Meeting of the Iowa State Improved Stock-Breeders' Association Volume 8

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1882 edition. Excerpt: ...fence, the owner of the stock is not liable for the injury." See Code, Sec. 1448. It is important to note, however, that a partition fence need only to be maintained as against stock lawfully upon the adjoining enclosure, for if the stock belongs to a third party and have come upon the adjoining enclosure either by breaking through a lawful fence, or are trespassers upon an.enclosure where, by reason of the police of the county, no outside fence is required, then the insufliciency of the partition fence is no excuse for the trespass. In other words, partition fences are maintained as between adjoining land owners, and whether they exist or not, or are properly maintained, can, generally, only affect the liabilities and obligations of the adjoining land owners respectively. If the cattle of another break over a lawful fence into one field, and thence through an insuflieient fence into another field owned by the same person, the cattle are trespassers, and the owner is liable; for that a partition fence between one's own fields is merely at a man's own will and pleasure. But if adjoining land owners have not agreed to dispense with a partition fence, the duty to maintain it exists, notwithstanding the outside fences may be lawful and the heglecting party turns no stock upon his field. I Sec. 1449 of the Code provides: That if animals are not lawfully 'upon the adjoining close and came thereupon, or if they escaped there from into the injured enclosure, in consequence of the neglect of the adjoining owner to maintain any partition fence, or any part thereof, which it was his duty to maintain, then the owner of the adjoining land shall be liable as well as the owner of the animals. The sufficiency of a partition fence...
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Product details

  • Paperback | 62 pages
  • 189 x 246 x 3mm | 127g
  • United States
  • English
  • black & white illustrations
  • 1236839153
  • 9781236839152