Growcock v. Hall

The complaint charges that the appellant undertook to cause a stallion owned by him to serve a mare of the appellee, and by his negligent and careless management caused the mare to receive an injury from which she died.

The instructions given by the court are complained of. The second instruction informs the jury that it was not essential to a recovery that the appellee should prove that appellant was actually the sole or absolute owner of the stallion. In view of the evidence, the instruction was correct. The appellant made the agreement with the appellee as owner, was so ’treated throughout…