McKee v. Trisler

Appellant’s hull broke into appellee’s Enclosure, gored one of appellee’s mules therein so that it was necessary to cause its death by chloroforming it, and inflicting severe injuries upon another mule. Appellee brought suit and after much pleading a trial was had, resulting in a judgment for appellee against appellant for $200 and costs, from which judgment this appeal has been taken.

It is claimed by appellant that before a recovery could be had in this case it was necessary for appellee to aver and prove that the hull in question was an animal of vicious propensities and that appellant had…