Chmiel v. Yatsko

The opinion of the court was delivered by

Trenchard, J.

This is the appeal of the defendant below from plaintiff’s judgment, rendered by the District Court, sitting without a jury, for $220 which later, on a rule to show cause why the damages should not be reduced, was reduced to $200.

The complaint alleged in the first count that “* * * the defendant willfully and maliciously fed or caused to be fed poison to the pigeons with the intent to injure the same;” and in the second count thereof that “* * * the defendant willfully and maliciously and without just cause, caused certain corn to be…