Cunningham

Plaintiff brings this action in claim and delivery for the recovery of 169 ewes claimed to be wrongfully withheld by the defendants, together with special damages for the difference in value between the market lambs and feeder lambs alleged to have been lost through the wilful acts of the defendants. Defendants, by their answer, justify their detention of the ewes under the terms of the Estray Act (Deering’s General Laws, 1931, p. 177, Act 387), and claim a lien thereon for damages, costs and expenses, as provided by the statute.

The 169 ewes of plaintiff, of the stipulated value of $350, strayed upon the lands of the defendants, who impounded them as provided in the act. On the day following their impoundment, plaintiff tendered to defendants the sum of $35 to cover the costs, damages and expenses, and demanded their return. This offer was rejected and the return of the sheep refused.

It was stipulated, subject to a motion to strike, that the reasonable cost per day of keeping and caring for the sheep was three cents. It was also established by testimony not contradicted, that range sheep, as were the ewes here in question, would produce 100 per cent lamb crop. These ewes, at…