29-401. Liability for neglect to maintain or repair portion of partition fences.
29-401
29-401. Liability for neglect to maintain or repair portion ofpartition fences.If any person liable to contribute to the erection of a partition fenceshall neglect or refuse to make and maintain his proportion of such fence,or shall permit the same to be out of repair, he shall not be allowed tohave and maintain any action for damages incurred, but shall be liable topay to the party injured all such damages as shall accrue to his lands andthe crops, fruit trees and shrubbery thereon, and fixtures connected withthe said land, such damage to be assessed by the fence viewers, onapplication of the party injured, one day's notice in writing having beenfirst given to the party liable, either by delivering to him personally orby copy left at his usual place of abode, that such application forassessment of damages had been made, and the time when the fence viewerswould attend to make such assessment.
History: G.S. 1868, ch. 40, § 26; Oct. 31; R.S. 1923, 29-401.