Wilmoth v. Wheaton

*30The opinion of the court was delivered by

Smith, J.:

The appellant brought suit before a j ustice of the peace in Allen county against the appellee to recover damages for injury to his team and wagon re-suiting from a collision between the team and an automobile. By appeal the case was taken to the district court, where it was tried to a jury three different times. The first trial resulted in a hung jury, the second in a small verdict for the appellant, which was set aside by the court and a new trial granted, and a third trial resulted in a verdict for the appellee. To correct alleged errors…