Clark v. Wallace

Mr.' Justice Musser

delivered the opinion of the court:

This writ of error was sued out to review a judgment in favor of Wallace, who was defendant below. Clark owned 160 acres of standing peas, upon which he was feeding and fattening about 1200 sheep. The sheep and peas were in charge of a herder in the employ of Clark. The herder lived there with his wife and two children. On a certain day, Wallace, who had a ranch nearby, was engaged in dipping sheep, and it became necessary for him to have more help. He caused Clark’s herder to be asked to come over and help in dipping the sheep, and stated…