Story v. Nidiffer

CHIPMAN, C.—

Trespass. The cause was tried to a jury and plaintiff had a verdict for three hundred and twenty-five dollars. Judgment passed accordingly, from which defendant appeals, and also from the order refusing his motion for a new trial.

Plaintiff was in possession of forty acres of land in Fresno County under a contract to purchase. He planted about thirty-five acres to Indian corn. The complaint charges that the defendant’s cattle in the early part of July, 1902, “ran and trespassed upon said land and ate and entirely destroyed said corn so that the same will not mature and produce a…