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HALE v. FAWCETT

202 S.E.2d 923 (1974)

Joseph Franklin HALE v. Blake FAWCETT.

Supreme Court of Virginia.

March 4, 1974.

Attorney(s) appearing for the Case

Philip M. Sadler, A. Dow Owens, Pulaski (Gilmer, Sadler, Ingram, Sutherland & Hutton, Pulaski, on brief), for plaintiff in error.

Eugene L. Nuckols, Pulaski (Crowell, Nuckols & Aust, Pulaski, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

I'ANSON, Justice.

Plaintiff, Dr. Blake Fawcett, instituted this action against the defendant, Joseph Franklin Hale, for damages to his corn crop and farmland allegedly caused by defendant's trespassing hogs and cattle. Defendant filed an answer and counterclaim, alleging damage to his land and loss of feed caused by plaintiff's trespassing bulls and steers.

During the course of the trial before a jury, the court below ruled (1) that since there was no "lawful...

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