Smithley v. Snowden

This suit was originally brought before a justice of the peace by Smithley, plaintiff in error, against Snowden, defendant in error, to recover the value of a mare which he claimed died as the result of cuts received from a barbed wire fence which Snowden had negligently permitted to be and remain out of repair and in a dangerous condition. Judgment was rendered against Snowden, whereupon he appealed to the Circuit Court, where, at the close of the evidence offered by plaintiff, the presiding judge, upon motion of defendant, directed a verdict for the defendant. A judgment was rendered…