Gore v. Izer
Decision Date | 21 May 1902 |
Docket Number | 11,816 |
Citation | 90 N.W. 758,64 Neb. 843 |
Parties | WALTER T. GORE v. JOHN IZER |
Court | Nebraska Supreme Court |
ERROR to the district court for Gage county. Tried below before LETTON, J. Reversed.
REVERSED AND REMANDED.
W. H Richards and A. H. Babcock, for plaintiff in error.
R. W Sabin, contra.
AMES C. DUFFIE and ALBERT, CC. concur.
This is an action for the conversion of a hog of the alleged value of $ 13.65. If the hog was converted by the defendant, there is evidence tending to show that the fact was accomplished by mistake in this manner: Both parties had a considerable number of animals in the same enclosure. On the day on which the offense is charged as having been committed, the defendant shipped his hogs on board the cars to market. Immediately, at least soon, thereafter the hog in question was missed. It is not unlikely that it became mixed with the defendant's hogs, and was shipped and sold by him without his knowledge, although he denies that such was the fact, and the evidence bearing upon the point is conflicting. The jury returned a verdict for the defendant, under the usual instructions defining conversion as consisting in the unlawful disposing of or appropriating to his own use by one man of the property of another. But the plaintiff asked that the court give also the following instruction:
This instruction is criticised for failure to state the number of hogs belonging to the respective parties accurately; but that, we think, is a matter of no...
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