Marshall v. Story

TIREY, Justice.

Appellee brought this suit for damages sustained by him to a growing corn crop and he alleges that his damage was caused by depredations made upon the crop by appellant’s cattle. The court submitted two issues to the jury and, absent burden of proof clause, they are substantially: (1) Do you find that appellant’s cattle caused the damage to appellee’s corn on the occasion in question, to which the jury answered “They did.” (2) What do you find to be the value of appellee’s corn destroyed just as it stood on the ground at the time and place of its destruction, to which the jury…