19 Kan. 9 | Kan. | 1877
The opinion of the court was delivered by
This was an action in the nature of trespass guare clausum fregit brought by Baker for injuries done by Hefley and Cain’s cattle upon land occupied by the plaintiff. The evidence introduced on the trial shows that the plaintiff was in the possession of the land, but also shows ■that he did not own the same, nor claim to own it, and had no interest therein further than his mere possession thereof. The defendants did not have the slightest interest in or claim to the land. According to the plaintiff’s evidence, which under the verdict must be taken as true, the defendants drove their cattle upon the plaintiff’s premises, and herded them there, and would not allow the plaintiff to drive them off, but threatened “ to shoot the plaintiff’s brains out if he attempted to do it.” A portion of the plaintiff’s premises was fenced, and he resided thereon; but that portion of the premises where the trespasses were committed was not fenced.
The judgment of the district court will be reversed, and cause remanded for a new trial.