Burgess v. Small

This was an action in trover based upon the alleged conversion by the defendant of seven head of the plaintiff’s cattle. At the close of the plaintiff’s case the presiding justice ordered nonsuit and exceptions thereto raised the only issue here presented. The evidence, viewed in the light most favorable to the plaintiff, discloses that he was the owner of twenty-nine head of cattle; that he operated a store and entrusted the management of his herd to one Perry, his agent, who was deceased prior to the time of trial; that plaintiff was relatively unfamiliar with the par ticular cattle in the…