Kellam v. Cooper

SPERRY, Commissioner.

Plaintiff sued defendants for damages he ■ claims to have suffered when defendants’ cattle got into his pasture. He prayed for damages in the amount of $2,550.00. Defendants counterclaimed for damages to their cattle in the sum of $3,595.00. The case was tried to the court. The court found that the evidence offered by each of the parties was so inconclusive that neither carried the burden of proof necessary to recover against the other. Recovery was denied to both parties and each was ordered to pay half of the court costs. Plaintiff appealed.

We agree with plaintiff, that…