Haskins v. Andrews
Wyoming Supreme Court
ERROR to the District Court, Daramie County, Hon. Richard H. Scott, Judge. Hiram A. Andrews sued George H. Haskins in an action for trespass alleged to have been committed by defendant’s cattle. Judgment was rendered for plaintiff, and defendant prosecuted proceedings in error. The material facts are stated in the opinion.
Read the full summary
ERROR to the District Court, Daramie County, Hon. Richard H. Scott, Judge. Hiram A. Andrews sued George H. Haskins in an action for trespass alleged to have been committed by defendant’s cattle. Judgment was rendered for plaintiff, and defendant prosecuted proceedings in error. The material facts are stated in the opinion. In the trial of this case the familiar rule was disregarded that evidence must conform to the pleadings, for, while the pleadings are plainly framed upon the theory that the action is one of trespass, the evidence was obviously intended to make out an action of trespass…
1Opinion of the Court
Potter, Justice.
It is conceded by counsel that this is an action for trespass upon lands. The defendant in error, Andrews, brought the suit to recover from the plaintiff in error, Haskins, dam*467ages for an alleged trespass upon two sections of land belonging to the defendant in error, by turning a large number of neat cattle upon the land and thereby depasturing the same. Upon the verdict of a jury, judgment was rendered in favor of defendant in error for $160. It is contended that the verdict is not sustained by sufficient evidence, and that the court erred in giving certain instructions, to…
2Cases cited9 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Pace v. PotterTexas Supreme Court · 1893
- Baylor v. B. & O. R. R.West Virginia Supreme Court · 1876
- Lazarus v. PhelpsSupreme Court of the United States · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gilliland v. SteinhoefelWyoming Supreme Court · 1974
- Braunstein v. Robinson Family Ltd. Partnership LLPWyoming Supreme Court · 2010
- Hinkle v. SiltamakiWyoming Supreme Court · 1961
- R.O. Corp. v. John H. Bell Iron Mountain Ranch Co.Wyoming Supreme Court · 1989
- Kendrick v. HealyWyoming Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.