N.Y. Town Law § 308: Damages for omitting to build fence

§ 308. Damages for omitting to build fence. If any person liable to

contribute to the erection or repair of a division fence shall neglect

or refuse to make and maintain his proportion of such fence, or shall

permit the same to be put out of repair, he shall not be allowed to have

and maintain any action for damages incurred by beast coming thereon

from adjoining lands, where such beasts are lawfully kept, by reason of

such defective fence, but shall be liable to pay to the party injured

all damages that shall accrue to his lands, and the crops, fruit trees

and shrubbery thereon, and fixtures connected with the land, to be

ascertained and appraised by any two fence viewers of the town, and to

be recovered, with costs; which appraisement shall be reduced to writing

and signed by the fence viewers making the same, but shall be only prima

facie evidence of the amount of such damages.