Adams v. Hall
Supreme Court of Vermont
This was an action of Trespass, in which the Plaintiff declared against the defendants, jointly, for that two dogs of the defendants worried and killed the sheep of the plaintiff. The action was predicated upon the sixth section of an act entitled “an act more effectually to prevent trespasses in certain cases.” The defendants pleaded not guilty, and issue was joined to the country.
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This was an action of Trespass, in which the Plaintiff declared against the defendants, jointly, for that two dogs of the defendants worried and killed the sheep of the plaintiff. The action was predicated upon the sixth section of an act entitled “an act more effectually to prevent trespasses in certain cases.” The defendants pleaded not guilty, and issue was joined to the country. It appears, by the exceptions allowed by the judges of the County Court on the trial of said action, that the plaintiff’s testimony tended to'show, not that the defendants were joint owners of the two dogs, but…
1Opinion of the CourtHutchinson, J.
If the testimony adduced by the plaintiff on trial was of a character *11adapted to the issue, so that gaining credit with the-jury, it would entitle the plaintiff to a verdict, then the nonsuit must be set aside and a new trial granted. If otherwise, the nonsuit must stand.
The section of the statute, upon which this action is founded, reads as follows, to wit: “If any sheep shall be worried, wounded “ or killed by any dbg or dogs, within this state, the owner dr “ keeper of such dog or dogs shall pay to the owner or owners u of such sheep, so'worried, wounded or killed, just damages, to “ be…
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