170 N.W. 140 | S.D. | 1918
Action for the recovery of possession of 18 hogs restrained <by defendant under the Trespass by Animals Act (chapter 244, Raws 1907). The evidence tended to show that these hogs damaged .defendant’s cornfield on the day they were taken up, and that they and others of plaintiff’s hogs, or that they or others of plaintiff’s hogs, did' similar damage on two previous occasions. The trial court instructed the jury that the defendant was entitled to recover'damages for, and to have a lien “upon the hogs which he took into his possession for, any damage which the plaintiff’s hogs had done to his crops at that time, or within 60 days before the commencement of the action.” From a judgment awarding defendant $8 «damages, besides costs and expenses, plaintiff appeals, assigning error upon the instructions.