63 Neb. 427 | Neb. | 1902
This proceeding in error brings up for review a judgment rendered by the district court for Keith county in an action brought by Charles Menter against Edward P. Meyers to recover damages for trespasses committed by domestic animals running at large. The answer was a general denial. A trial of the issues to a jury resulted in a verdict for $175 in favor of the plaintiff. The various specifications of error upon which defendant claims a reversal of the judgment are grounded upon the idea that the trespasses complained of were not shown to have been com
In the third instruction the court told the jury that if defendant’s cattle went upon plaintiff’s premises and destroyed all or part of the property described in the petition, they should find for the plaintiff, and award him as damages the value of the property so destroyed. The evidence given at the trial is not in the record; but the presumption of law is in favor of the instruction and no* against it. The presumption is that the evidence established a willful trespass, or else that all the property in question was upon
The judgment is right, and is
Affirmed.