(Download) "State v. Yale Oil Corp. of South Dakota" by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Yale Oil Corp. of South Dakota
- Author : Supreme Court of Montana
- Release Date : January 12, 1930
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
1. Animals — Evidence insufficient to show malice. In action for damages for wanton and wilful killing of plaintiffs dog, the evidence failed to establish that defendant either wantonly of maliciously killed plaintiffs dog, and the court properly denied plaintiffs motion for a directed verdict. 2. Trial — Motion for directed verdict, effect of. Where both the plaintiff and the defendant move for a directed verdict, each of them waives a trial by jury and submits to the trial judge the question whether, as a matter of law, a verdict should be directed for the plaintiff or for the defendant. 3. Appeal and error — Substantial evidence rule. Where both parties moved for a directed verdict the findings and judgment of the trial court are conclusive on appeal if there is substantial evidence to support them. 4. Evidence — Degree of proof. The law does not require proof that excludes the possibility of error, but is satisfied with proof that ordinarily produces conviction in an unprejudiced mind. 5. Animals — Indirect evidence sufficient. In an action for damages for wanton and wilful killing of plaintiffs dog, the defendant was not required to produce direct testimony of eyewitnesses to the actual killing of defendants sheep by such dog, but indirect evidence including the reasonable appearance of things and the reasonable inferences to be drawn from other facts proved was sufficient. Page 328 6. Animals — Evidence sustains justification in ruling. In action for damages for wanton and wilful killing of plaintiffs dog, where the evidence showed that 16 or 18 of defendants sheep had recently been killed by dogs, and that on the sheeps running to the barn defendant found two dogs tearing freshly killed sheep, the defendant was justified in killing the dog. 7. Animals — Words & Phrases, "Livestock." Under statute authorizing the killing of any dog that injures any livestock not belonging to the owner of such dog, "livestock" means domestic animals or beasts generally collected, used or raised on a farm or ranch, such as cattle, sheep, swine, goats, horses, mules, donkeys, etc. 8. Appeal and error — Excluding of evidence of value harmless. In action for damages for wantonly and wilfully killing plaintiffs dog, excluding of evidence as to the value of the dog was harmless where the trial court properly directed a verdict for defendant. 9. Animals — Breed of dog immaterial. Under statute authorizing the killing of a dog that kills or injures livestock not belonging to the owner of the dog, the value or breed of the dog is immaterial.
 "State v. Yale Oil Corp. of South Dakota" by Supreme Court of Montana " eBook PDF Kindle ePub Free){kind=link}