Fillmore v. Booth
Supreme Court of Kansas
Error from, Osage District Court. Action by Fillmore against Booth, to'recover $50 for damages to plaintiff’s grain, done by defendant’s cattle and horses. At the April Term, 1882, the court sustained a demurrer to plaintiff’s evidence, and rendered judgment against plaintiff for costs. Fillmore brings the case here. Other facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On the trial of this case the district court sustained a demurrer to the evidence of the plaintiff, upon the ground that his field was not properly protected by a legal or sufficient fence. If a court is satisfied that, conceding all the inferences which a jury could justifiably draw from the evidence offered by the plaintiff, it is insufficient to warrant a verdict for him, the court has the right to sustain a demurrer thereto. The most that can be said from the evidence is, that the defendant turned his cattle into his own field, and…
2Cases cited1 opinion
- Baker v. RobbinsSupreme Court of Kansas · 1872
3Cited by1 opinion
- Carl v. AckardSupreme Court of Kansas · 1923