Merrill v. Dockery

Citations

• 124 Miss. 41
• 86 So. 709

Syllabus

<p>1. Animals. Error to instruct that trespassing animals must have clone all damage before recovery can be had.</p> <p>Where a suit for damage done by trespassing animals is instituted, it is reversible error to instruct the jury that before plaintiff can recover the hogs of defendant must have done all ot the damage sued for.</p> <p>2. Trial. Where plaintiff’s evidence certain as to damages, error to instruct that if evidence is indefinite fury shall find for defendant.</p> <p>Where the evidence of the plaintiff is definite and certain as to damages, it is reversible error to instruct the jury that if the evidence is indefinite then the jury shall find for the defendant,</p>