Weaver v. Chunk

Rowley, P. J.,

—This is an appeal from a judgment entered against defendant by a justice of the peace.

Plaintiff instituted a suit “in trespass not exceeding $300” for “damages to plaintiff’s horse by trespassing of defendant’s stallion on the premises of plaintiff”. After hearing, the justice entered judgment in favor of plaintiff for $200 whereupon defendant appealed to the court of common pleas. On April 16, 1938, plaintiff filed his statement of claim wherein it is averred: That defendant was the owner and possessor of a black stallion about three years old which stallion was known to be…