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FOX v. FEARNEYHOUGH

Gen. No. M-10,839.

85 Ill. App.2d 371 (1967)

228 N.E.2d 737

James E. Fox, Plaintiff-Appellant, v. William R. Fearneyhough, Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

July 18, 1967.

Attorney(s) appearing for the Case

Thomson and Thomson, of Jacksonville (Robert B. Thomson and David E. Robinson, of counsel), for appellant.

Foreman, Rammelkamp, Bradney and Hall, of Jacksonville (Robert E. Bradney, of counsel), for appellee.

CRAVEN, P.J.

This appeal arises from dismissal of the complaint of the plaintiff upon motion of the defendant. The action is for money damages to property occasioned by the death of plaintiff's livestock from overeating defendant's grain.

The basis of the action is improper maintenance of defendant's share of a division fence between property leased by plaintiff and property leased by defendant. Plaintiff's allegations concern alleged violation of the defendant...

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