46 Ind. App. 49 | Ind. Ct. App. | 1910
Appellee instituted this action in the Superior Court of Tippecanoe County against appellant to recover damages for sheep killed and maimed by dogs.
The complaint consisted of one paragraph charging, in substance, that appellee was a resident of Wea township, and owned in that township a certain number of sheep which were killed by dogs, averring the assessment of damages as required by the statute, and setting forth the amount of damages sustained by appellee. Appellant answered the com-» plaint by filing a general denial and by an affirmative para
There is no error shown in the record in the giving of instruction five.
This provision of the statute means the highest actual cash price which said sheep would bring in the market for any and all uses to which the sheep in question were, on the day and date of their injury, adapted, and for which they were available. It was shown without contradiction that these sheep were adapted to and were available for breeding purposes. This being true, it was proper to show their kind and character in order to determine what their actual cash value was for that purpose on the market. If the actual cash value on the market of the sheep in question for breeding purposes was greater than for food purposes, the former was the proper highest value, and was the value to be determined under the statute. There was no error in the admission of this testimony.
In this state of the record, it appears that the jury was not in any way influenced in fixing the amount of damages by the testimony of injury to the ewes and lambs, in relation
Judgment affirmed.