Mitchell v. Excelsior Water & Mining Co.

Plaintiff in Ms complaint alleged, in effect, that, in the fall of 1916, he delivered 188 head of horned cattle and one horse to defendant upon defendant’s ranges near Smartsville, in the county of Tuba, for the purpose of being pastured during the winter of 1916-17; that after receipt of the animals, defendant negligently and carelessly failed to furnish them with proper food and shelter, and because thereof, the horse and fifty-nine head of cattle died, and others of the animals were lessened in value, and as a result thereof plaintiff was damaged in the sum of seven thousand four hundred dollars.

Defendant by its answer admitted the receipt of certain animals from the plaintiff for the purpose of pasturage for a consideration, but denied any negligence or carelessness on its part, denied any damage suffered by plaintiff, and denied that any of the animals died because of any carelessness, negligence, or want of proper care on defendant’s part.

The cause was tried before a jury, which rendered its verdict in favor of plaintiff for the sum of two thousand dollars. Judgment was entered on the verdict, defendant made a motion for a new trial, which was denied, and prosecutes this…