§ 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.