Kendrick v. Healy
Wyoming Supreme Court
Appeal from the District Court, Johnson County, Hon. James H. Burgess, Judge. Action by John B. Kendrick against Patrick Healy, Jr., and Alexander Healy, co-partners doing business under the firm name of Healy Brothers, to recover damages alleged to have been caused by trespassing sheep. Judgment for plaintiff and defendant appeals. The case was presented, by plaintiff in the trial court upon the theory that defendants were bailees of the hay in question.
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Appeal from the District Court, Johnson County, Hon. James H. Burgess, Judge. Action by John B. Kendrick against Patrick Healy, Jr., and Alexander Healy, co-partners doing business under the firm name of Healy Brothers, to recover damages alleged to have been caused by trespassing sheep. Judgment for plaintiff and defendant appeals. The case was presented, by plaintiff in the trial court upon the theory that defendants were bailees of the hay in question. It was sought by the plaintiff during the trial to fix responsibility upon the defendants for the care of the hay, plaintiff declining to…
1Opinion of the Court
PotteR, Justice.
This is an action for damages alleged to have been caused by sheep of the defendants eating and destroying certain hay owned and held in stack by the plaintiff upon certain inclosed premises described in the petition. There was a jury trial, resulting in a verdict and judgment in favor of the plaintiff for the full amount claimed, and the defendants have appealed.
The material averments of the petition, including amendments allowed upon the trial are: That in conducting the plaintiff’s business of raising, breeding, buying, selling, ranging, pasturing and feeding cattle in…
2Cases cited24 opinions
- Light v. United StatesSupreme Court of the United States · 1911
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Mullins v. NordlowCourt of Appeals of Kentucky · 1916
- Williams v. FloodMichigan Supreme Court · 1886
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3Cited by15 opinions
- McCabe v. R.A. Manning Construction Co.Wyoming Supreme Court · 1983
- Felix v. Hall-Brooke SanitariumSupreme Court of Connecticut · 1953
- Belden v. StateWyoming Supreme Court · 2003
- Markstein v. Countryside I, L.L.C.Wyoming Supreme Court · 2003
- State v. TucknessSupreme Court of South Carolina · 1971
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