Hexamer v. Sonthal

The defendant was the keeper of a livery stable at which the plaintiff's horse boarded. The horse having died while in the defendant’s charge, the plaintiff brought this suit for damages, insisting that death resulted from the improper conduct of the stableman. He obtained a judgment which the defendant has removed to this court by writ of error.

The first ground relied on for reversal is that the judge at the trial refused to non-suit the plaintiff or direct a verdict for the defendant, for want of sufficient evidence to sustain the action.

The testimony on behalf of the plaintiff was, first,…