Custard v. Burdett
Texas Supreme Court
Appeal from Travis. Suit by appellee against appellant for damages, for wrongfully castrating a stallion, the property of the plaintiff, by reason whereof the stallion died, &c.
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Appeal from Travis. Suit by appellee against appellant for damages, for wrongfully castrating a stallion, the property of the plaintiff, by reason whereof the stallion died, &c. Answer, denying that the castration caused the stalliou’s death, and alleging that he was very vicious and mischievous, that the plaintiff knowing the fact, permitted him to run at large, doing great injury to the stock of the defendant and other persons, off the premises of the plaintiff, by kicking, biting and worrying them, and that the defendant castrated him to protect his own stock. There was no evidence that…
1Opinion of the CourtWheeler, J.
The question upon this appeal is whether
the verdict was warranted by the evidence. And we are of opinion that it was not; but was manifestly contrary to the evidence.
The counsel for the appellee is mistaken in his statement of the testimony of the witness Case. He did not state what the actual value of the horse was, either before or after the alleged trespass : but said, in a certain event, about which he did not profess to know, he would have considered Mm worth from four to five hundred dollars.
He did not profess“a knowledge of the facts necessary in Ms own estimation, to enable him to…
2Cited by1 opinion
- Houston & Texas Central R. R. v. McGeheeTexas Supreme Court · 1878