Miller v. Parvin

The opinion of the court was delivered by

West, J.:

The defendant appeals from a judgment for damages alleged to have been caused by his cattle destroying the plaintiffs’ cane.

The petition alleged that in December, 1918, defendant allowed his cattle to escape unlawfully and trespass on the plaintiffs’ land and destroy twenty tons of cane, to the plaintiffs’ damage of $600. The answer was a general denial.

Claude Miller testified that on December 3 he found five or six steers in the plaintiffs’ field. There were 135 shocks of cane; he saw the field the next month and there was nothing left except…