Underhill v. Motes

The opinion of the court was delivered by

Wedell, J.:

This was an action to recover damages for loss of cows due to alleged poisoning and to recover the first half of a pasture rental payment made by plaintiffs to defendants. The defendants appeal.

The appeal is from (1) an order granting a new trial; (2) an order overruling a demurrer of one of the defendants to plaintiff’s evidence; and (3) a ruling setting aside a previous order sustaining the demurrer of the other defendant to plaintiffs’ evidence.

Appellees and appellants are farmers. L. R. Underhill and Paul Underhill, appellees, are…