Lorenz

This is an action for personal injuries. Plaintiff was given judgment and the defendant has appealed.

The defendant was a deputy sheriff at the time of the alleged injuries. April 15, 1924, he purchased about two acres of land on which there was a dwelling-house. The plaintiff and her husband were then in possession of the premises as tenants from month to month, and they continued in possession as such tenants until after the infliction of the injuries. The evidence shows that their possession was rightful and exclusive. Without their consent or permission the defendant put about 40 hogs on the premises in the latter part of August of that year. The plaintiff and her husband objected to the presence of the hogs on the lot, and it appears that the gate was left open at times, so that the hogs passed back and forth through it. The plaintiff made “complaint about the hogs to the health officer” and the latter informed the defendant he “would have to get them away from there.”

A witness for defendant testified that in the evening of September 8th “there were no hogs in the corral at all. Mr. Lorenz said to me, ‘The first one that comes in this gate I will smash his head in with…