73 Mo. App. 309 | Mo. Ct. App. | 1898
Mayfield borrowed a Jersey bull from plaintiffs in the summer of 1896, kept him five or sis weeks, and returned him home on an extremely hot afternoon in July. The bull was returned by being tied to the hind end of a lumber wagon which was drawn by horses and driven by defendant; the distance traveled was six or seven miles, and the time
Defendant asked an instruction in the nature of a demurrer to the evidence, which was denied, to which he excepted. His contention here is that there is no evidence in the record to support the verdict. It there was no evidence, this court should reverse the-' judgment, but if there, was some evidence, although the evidence be but slight, and the weight of the evidence is apparently against the verdict, this court is not authorized to interfere; it was for the trial court to say in such circumstances whether the verdict is the result of passion or prejudice, or whether it is fairly supported by the evidence. We are not prepared to
The appellant contends that the pronoun it after the word drove in the above paragraph refers to the wagon and not the bull. The sentence may not be grammatically correct, but the sense of it is obvious, and it is plain that the bull, not the wagon, is the object toward which the defendant showed no mercy in his pulling and driving. No other errors are complained of and the judgment is affirmed.