New York, Chicago & St. Louis Railway Co. v. Auer

Auer recovered a judgment against the railroad company for $109.50, the value of sheep killed and injured on the company’s right of way.

The appellant claims a reversal on the ground that the appellee was not the owner of the sheep.

The facts were found by the court, and were as follows : In the fall of 1882, Daniel Bros., delivered twenty-three sheep to the plaintiff under the following arrangement: Auer was to receive the sheep and keep and care for them on his farm. He had the right at his pleasure to return the identical sheep received, and was to deliver one-half the increase and one-half…