Evans v. Holman

Plaintiff’s cow escaped from his pasture and went upon the streets of the city where she was found and taken charge of and put in the city pound by a city officer. The officer refused to surrender the cow to plaintiff unless he would pay the costs incident to impounding her. Plaintiff refused and brought the present action of replevin and recovered judgment in the trial court. The evidence tended to show that the escape was not through any negligence of plaintiff and was unavoidable. That immediately upon discovering the escape he set out in search of her with the purpose of again confining…