Wood v. Kelly
Missouri Court of Appeals
Appeal from the Yernon Circuit Court. — Hon. J. M. Hull, Judge. (1) The defendants’ theory of this case is that if their hogs escaped from their hog pasture and trespassed on plaintiff’s premises it must have been by reason of the bad condition of that portion of this agreed partition fence between plaintiff’s potato patch and defendants’ hog pasture. If defendants’ hogs did trespass as claimed by plaintiff they must necessarily have gone through this fence somewhere.
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Appeal from the Yernon Circuit Court. — Hon. J. M. Hull, Judge. (1) The defendants’ theory of this case is that if their hogs escaped from their hog pasture and trespassed on plaintiff’s premises it must have been by reason of the bad condition of that portion of this agreed partition fence between plaintiff’s potato patch and defendants’ hog pasture. If defendants’ hogs did trespass as claimed by plaintiff they must necessarily have gone through this fence somewhere. It is also admitted that the stock law was in force in this county at the time of this alleged trespass. Hopkins v. Ott, 57…
1Opinion of the CourtSmith, P. J.
The plaintiff’s growing crop of potatoes was “rooted up” and destroyed by the defendants’ trespassing hogs; and on account of which the former sued the latter for damages 'before a justice of the peace. The case was by appeal removed to the circuit court, where plaintiff had judgment and defendants appealed here.
The defendants now question the propriety of the action of the trial court in giving the jury a peremptory instruction to find for the plaintiff nominal damages on the ground that there was no evidence to warrant the giving of the same. The plaintiff insists that the evidence…
2Cases cited7 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
- Meriwether v. HoweMissouri Court of Appeals · 1892
- Buttles v. Chicago, Santa Fe & California Railway Co.Missouri Court of Appeals · 1891
- Batchelder v. AltheimerMissouri Court of Appeals · 1881
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