182 Pa. 634 | Pa. | 1897
Opinion by
In this case the defendants are charged with having taken
The defendants testified that the plaintiff on several occasions expressed himself as satisfied with what they had done, and five disinterested witnesses testified that he made statements or declarations to them, or in their presence, of the same nature and to the same effect. Whether the statements and declarations so made be regarded as evidence of ratification of, or acquiescence in, what the defendants had done, they were clearly and strongly corroborative of the defendants’ claim respecting the agreement under which the cattle were received by the plaintiff.
The answer of the learned judge to the defendants’ second point must be read in connection with the general charge. Before and after the answer in question, the jury were positively and emphatically instructed that if the plaintiff was the owner of the cattle he was entitled to their verdict for the value of them. The concluding words of the charge were: “ If you find there was an absolute sale of the property to Jacob F. Sliaeffer in November; that he was the sole owner of these cattle when they were taken, then you should find a verdict in his favor for the amount claimed. If you find they were not sold absolutely, but let on feed, and that the defendants, Sensenig and Frantz, had a right to take and remove them under their contract, when they chose, and they did so remove them, your verdict must be for the defendants.”
Assuming that the answer to the defendants’ second point admits of the construction contended for by the plaintiff, there is no reason to believe that the jury were misled by it. We are clearly of the opinion that in the light of the general instructions to the jury we ought not to reverse the judgment on the eighth assignment. The material questions raised by the spe
Judgment affirmed.