Hagan v. Casey
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. . ' Action of trespass guare clausum, brought before a justice of the peace.
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APPEAL from the Circuit Court for Dodge County. . ' Action of trespass guare clausum, brought before a justice of the peace. The complaint alleged that in the month of August, 1869, the plaintiff, Hagan, was in possession of a mare colt, about two years old; that defendant was in possession of a horse, which he negligently allowed to enter plaintiff’s premises and to coyer plaintiff’s mare, in consequence of which a colt was delivered by said mare on the 25th of July, 1870, thereby damaging plaintiff in the injury to his mare and loss of her labor, to the amount of one hundred dollars. The…
1Opinion of the CourtCole, J.
We do not think there was any error in the refusal of the court to grant the nonsuit. The evidence tended to prove, indeed did prove, that the defendant’s young horse had been seen several times in the same pasture with plaintiff’s mare, about a year before she had a colt It was very true that no witness was able to testify that he had ever seen the horse cover the mare, but the fact that the animals were together about the time the mare was got with foal by somebody’s horse, was a circumstance to go to the jury upon the question whether the defendant’s horse was the sire of the foal, or not.…
2Cited by4 opinions
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