Young v. Tustin

J. Tustin, an infant, by A. Tustin his next friend, sued Young in an action of trespass. The ground of action is the killing of the plaintiff’s horse by fastening a heavy piece of wood to his neck. Damage 150 dollars. Two pleas. 1st, the general issue; 2dly, that the horse was trespassing on the defendant’s enclosure, wherefore he put a yoke on him, &c. The second plea was demurred to, and the demurrer correctly sustained. The cause was tried on the general issue, and the plaintiff obtained a verdict and judgment for 45 dollars.

The Court refused to instruct the jury, that the plaintiff could…