Vaughan v. McDaniel

Jackson, Chief Justice.

[McDaniel brought suit.against Vaughan for triple damages for the killing of a cow. The declaration alleged •that one Lee Vaughan, a minor son of defendant, had maimed, crippled and killed plaintiff’s cow, pretending that it was trespassing upon the crop of defendant, which was not enclosed by a lawful fence, and that her value was $25.00. The case was appealed to a jury in the justice’s court. Defendant demurred to the declaration, because it did not allege that the act of the minor was by the command of his father, or in the prosecution and within the scope of his…