Lyons v. Browning

This is an appeal from an order of the circuit court setting aside a judgment in favor of the plaintiff based on the verdict of a jury, and ordering a new trial.

The action was brought under § 20-2302, Oregon Code 1930, to recover damages caused by the defendants’ dogs, which the plaintiff charged killed and mutilated his prize and valuable turkeys. The verdict was for $1,575, the full amount of damages alleged, and the sole question for review is whether a verdict in that amount is sustainable under the evidence.

The complaint alleged that the defendants’ dogs “killed and destroyed twenty-five…