Garrett v. Sewell

. Appeal from Cherokee Circuit Court. Tried before Hon. Joi-m B. Tally. The facts of this case as betring up m the charges given and refused, and upon the points decide l, are sufficiently stated in the opinion. The charges given and refuse 1, to -which exceptions were taken, were as follows — asked by plaintiff and refused: (:}) If the jury believe from the evidence that plaintiff is entitled to recover on the second or third counts, they raav assess just such damages as they see proper, not exceeding five hundred dollars. (4) If the jury believe from the evidence that the fence was a common…