11 Kan. 101 | Kan. | 1873
The opinion of the court was delivered by
Defendant in error brought suit in the district court, claiming damages for grass growing upon his land which had been eaten up, tramped down and destroyed by a herd of Texas cattle belonging to defendant, now plaintiff in error. The case was tried by the court without a jury, and special findings of fact made. Upon those findings a judgment was entered in favor of the defendant in error for $296, and of this judgment plaintiff in error now complains and seeks its reversal. The land upon which this trespass was committed amounted to 800 acres. The first finding is, that the plaintiff was in possession of 480 acres, describing them, and plaintiff’s wife of the remaining 320. The second and third findings are, that defendant’s cattle were herded on the land; that defendant was requested to remove them, and promised to do so, but did not, and instead thereof attempted to purchase