110 Mo. App. 70 | Mo. Ct. App. | 1904
— Action in replevin. The case disclosed by the evidence contained in the record may be stated'in about this way: The plaintiff’s inclosure was separated from that of the defendant by a division fence, something like 200 rods in length, which had been constructed nearly twenty years previously under an agreement between the three adjoining landed proprietors to the effect that the one under whom plaintiff claimed would construct and maintain the north one hundred rods of said fence, and the other, under whom ■defendant claimed, would construct and maintain the south one hundred rods -thereof. It appears that the fence was constructed of posts and three strands of wire stretched and fastened with staples to such posts. It further appears that the north one hundred rods of the fence was thrown down by defendant for a considerable distance and at other places therein was allowed to get out of repair so that it was wholly insufficient
In view of the law as declared by us in several analagous cases, we do not think the propriety of the action of the court in giving said instruction is open <to question. [O’Riley v. Diss, 41 Mo. App. 184; Hopkins v. Ott, 57 Mo. App. 292; Field v. Bogie, 72 Mo. App. 185; Jackson v. Fulton, 87 Mo. App. 228.] To add anything to what is said in these cases would be supererogative.
• The judgment will be affirmed.