Eablonski v. Close

delivered tbe opinion of tbe court.

Plaintiff brought this action to recover damages from tbe defendant for the loss of certain crops of bay which it is al*294leged were totally destroyed by defendant’s sheep trespassing thereon. The crops involved consisted of 130 acres of rye hay, which the testimony disclosed would have cut about sixty-five tons, and twenty acres of blue-joint hay which would have produced fifteen tons but for their destruction. The case was tried before a jury, and resulted in a judgment in favor of the plaintiff for $500 and costs. Defendant made a motion for a new trial,…