Matthews v. Langhofer

Citations

• 110 Kan. 36
• 202 P. 634
• 1921 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trespass — Scrub Bull Breaking Into Herd of Thoroughbred Heifers — Damages. The evidence examined, and held to be sufficient to sustain a finding that the defendant’s ill-bred bull was not properly restrained, that he broke into plaintiff’s pasture and got plaintiff’s thoroughbred heifers with calf when they were too young for breeding, greatly injuring them and also prevented the breeding of the heifers for a season to a registered bull of the same breed as the plaintiff had intended.</p> <p>2. Same — Allegations of Petition — Immaterial Variance Between Allegations and Proof. An allegation in plaintiff’s pleading was that he intended to have the heifers bred when they were two years old. Testimony to which no objection was made was introduced to the effect that his purpose was to have them bred when they were 21 or 22 months old. Held, that the slight variance could not have prejudiced the defendant and no variance is to be deemed material unless it actually misleads the adverse party.</p> <p>3. Same — Elements of Damage. The plaintiff was entitled to recover damages for injury to the heifers resulting from the premature breeding and also for the loss of production for a season if they had been bred to a registered bull as plaintiff had intended.</p> <p>4. Same — Impeaching Verdict of Jury. A verdict of a jury may not be impeached by the testimony of jurors as to the evidence which they considered or rejected or which influenced them in arriving at their verdict.</p>