Sterling v. Huey

Opinion by

Baldrige, J.,

This appeal is from the judgment obtained in the court below in an action of trespass for injuries sustained as a result of defendant shooting plaintiff in the leg with a shot gun. It appears in the plaintiff’s testi mony that on October 14, 1938, about 5:30 P. M., when it was just getting dark, he was running his three beagle hunting dogs on the Yogel farm, where they were kept which is adjacent to the farm upon which the defendant lived. The dogs got over upon the defendant’s land and when he was on top of a hill he heard the defendant, from a distance he estimated to…