Myerl v. Gutzeit

OPINION

By RICHARDS, J.

The only material controversy in this case relates to the condition of the horse and whether he was, at the time of the sale, a diseased or a sound animal. Very substantial evidence was introduced on both sides of ithis question and after a careful reading of the record we are unable to say that the verdict and judgment are manifestly against the weight of the evidence.

It is urged, however, that the trial judge committed prejudicial error in giving to the jrfry in charge the following instruction:

“The court further instructs the jury, that if the horse was not sound, and…