Frammell v. Little

Frammell sued the appellees, averring that a vicious heifer, their property, had gored and killed a horse of the plaintiff. Answer in denial; trial; and judgment for defendants. -

Two questions are raised here: first, upon the reception of evidence; second, upon instructions.'

The plaintiff’s evidence tended to show that the heifer was Heffern’s ; and perhaps more strongly tended to show that it was Little’s. The theory of defense was, that the heifer was the property of the wife of Heffern, by gift from her father, Little; and the evidence for the defense tended to prove it. Upon the trial,…