§ 308. Damages for omitting to build fence. If any person liable to\ncontribute to the erection or repair of a division fence shall neglect\nor refuse to make and maintain his proportion of such fence, or shall\npermit the same to be put out of repair, he shall not be allowed to have\nand maintain any action for damages incurred by beast coming thereon\nfrom adjoining lands, where such beasts are lawfully kept, by reason of\nsuch defective fence, but shall be liable to pay to the party injured\nall damages that shall accrue to his lands, and the crops, fruit trees\nand shrubbery thereon, and fixtures connected with the land, to be\nascertained and appraised by any two fence viewers of the town, and to\nbe recovered, with costs; which appraisement shall be reduced to writing\nand signed by the fence viewers making the same, but shall be only prima\nfacie evidence of the amount of such damages.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.