Mahoney v. Smith
South Dakota Supreme Court
Appeal from Circuit Court, Hanson County. Hon. Frank B. Smith, Judge. Action by Robert A. Mahoney, against Edward Smith, to -recover possession of animals taken -damage feasant. From a judgment for defendant, and1 from an order denying a new trial, plaintiff appeals.
1Opinion of the CourtGates, J.
Action for the recovery of possession of 18 hogs restrained <by defendant under the Trespass by Animals Act (chapter 244, Raws 1907). The evidence tended to show that these hogs damaged .defendant’s cornfield on the day they were taken up, and that they and others of plaintiff’s hogs, or that they or others of plaintiff’s hogs, did' similar damage on two previous occasions. The trial court instructed the jury that the defendant was entitled to recover'damages for, and to have a lien “upon the hogs which he took into his possession for, any damage which the plaintiff’s hogs had done to his…
2Cases cited1 opinion
- Hedlun v. Holy Terror Min. Co.South Dakota Supreme Court · 1902
3Cited by5 opinions
- Reeves v. National Fire InsuranceSouth Dakota Supreme Court · 1919
- JR Watkins Company v. BeiselSouth Dakota Supreme Court · 1960
- State ex rel. McCoy v. Farmers' Co-Op. Packing Co.South Dakota Supreme Court · 1926
- Burd v. MeaderSouth Dakota Supreme Court · 1926
- Hirning v. DunlapSouth Dakota Supreme Court · 1936