Turner v. Hahn

• Decision Date: 01 July 1867
• Parties: TURNER v. HAHN.
• Court: Colorado Supreme Court

1 Colo. 23

TURNER v. HAHN.

Supreme Court of Colorado

July, 1867

Appeal from District Court, Gilpin County.

AT the trial G. E. Guinn testified on behalf of the plaintiff, that on 9th of September, 1865, he sold and delivered to plaintiff seven head of beef cattle, one of which was a blue roan steer about four years old, which would weigh twelve hundred pounds gross, and six hundred pounds net, worth about $100. On the eleventh of September he understood the blue roan steer had broken out and was gone; that he inquired for the steer and noticed for him; that he purchased the steer of Gartin, a ranchman, in Boulder county about the 1st of August, 1865 and kept possession of him until he sold him to plaintiff when he purchased the steer he was branded on left hip with letter F, and had his left ear cropt; witness branded him on left shoulder with the letter F. About the last of November or first of December, 1865, witness saw the steer at defendant's slaughter-house in Central City; witness went with plaintiff to defendant's shop that night, and had a conversation with defendant about the steer; defendant said he purchased the steer 15th August, 1865, of Gartin, and that he branded all the cattle purchased of Gartin on the loins with the letter F. Plaintiff and defendant agreed to go the next morning and see the steer; witness and plaintiff went up the next day about 9 o'clock, A. M. Defendant said there was no need of his going, and told plaintiff he would not go witness saw the hide and head of said steer in defendant's slaughter-house, and found the same brands on it; witness testified that it was the hide of the blue-roan steer; defendant purchased cattle of Gartin about two weeks after witness did; the steer was of a peculiar color; never saw one before or since of such a color.

Defendant read the deposition of James B. Tourtellot, who testified that, on 6th of September, 1865, he took a steer from Gartin's ranch for defendant, and afterward turned him over to defendant; that the steer was a brindle with staggy horns; that on the 3d of September, 1865, Turner, the defendant, turned over to him to ranch, fourteen head of cattle, one of which was a roan or reddish roan steer, branded F on left hip, and F on left side between the hip and shoulder blade, pretty well up on the back; that he returned the steer to defendant, in the latter part of September or first of October, 1865.

Thomas Peacock testified, on behalf of defendant, that Tourtellot delivered the roan steer spoken of in his deposition on the 16th of October, 1865; that the steer was taken to Blackhawk, and thence to the Elk meadow ranch to pasture; that the steer was of a blue roan color, about four years old, staggish horns, weighed eight or nine hundred pounds gross; was branded just behind left foreshoulder, pretty high upon the back with letter F, had a circle on left hip with letter in it; could not tell what the letter was; steer would dress about four hundred pounds; next saw the steer on the Elk meadow ranch two weeks afterwards; did not see the steer again until I saw him at the slaughter-house; I suppose that is the time spoken of by Guinn; knows it was the same steer delivered to defendant 16th October, 1865, by Tourtellot.

George Ritter, on behalf of defendant, testified, that on the 19th of October, 1865, he took four head of cattel to the Elk meadow ranch, and delivered them to Henry Ripley for defendant, the cattle were turned over to him by Thomas Peacock; one was a blue roan steer, marked F on left hip, and F right back of shoulder, four or five inches from back bone; he looked to be about four years old.

Henry Ripley, on behalf of defendant, testified, that he was the owner of the Elk Meadow ranch; that on the 16th of October, 1865, he received from George Ritter four head of cattle to ranch and herd for defendant; that one was a roan steer; that on the 20th day of November, 1865, he drove the steer, together with other cattle, to defendant at Central City, and put the steer in defendant's close-pen at slaughter-house.

William Feld, on behalf of defendant, testified, that he saw the blue roan steer in the slaughter-pen, and that the steer, when killed, weighed four hundred and four pounds; that the steer was killed at defendant's slaughter-house at night, eight or ten o'clock; that he did not see any marks on the steer.

At the hearing of the motion for a new trial the...