FIENE v. ROBERTSON

No. 37235.

171 N.W.2d 179 (1969)

184 Neb. 668

Oscar W. FIENE, Appellee, v. Maurice ROBERTSON, Appellant.

Supreme Court of Nebraska.

October 10, 1969.


Attorney(s) appearing for the Case

Francis M. Casey, Plattsmouth, for appellant.

Dale E. Fahrnbruch, Beynon, Hecht & Fahrnbruch, Lincoln, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


NEWTON, Justice.

This is an action to recover for hay stacked on plaintiff's premises and consumed by defendant's cattle. Trial was had to the court and plaintiff recovered judgment. We affirm the judgment of the district court.

Plaintiff and defendant owned adjoining farms separated by division fences. Plaintiff had baled hay stacked or piled adjacent to the division fence. Defendant, in accordance with custom, rebuilt the right or east half of the fence...

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