Blake

The plaintiff sued to recover damages for injuries caused to his flock of ewes by a dog alleged to be owned by the defendant and her son. The defendants answered and a trial was had before the court sitting without a jury. The court made findings in favor of the plaintiff and against the defendant Nellie A. Bennett, but in favor of her son. From a judgment entered on the findings the defendant has appealed.

The defendant claims that the trial court erred in certain rulings made on the exclusion of certain lines of evidence. "While conducting the cross-examination of the plaintiff, the attorney for the defendant asked the plaintiff how much he got for sheep which he subsequently sold. An objection was made to the question and the objection was sustained. The attorney then asked permission to propound the question as to what the plaintiff paid for all of his sheep, and continuing, the attorney asked a ruling on that question. The plaintiff, assuming the question had actually been propounded to Mr. Blake, who was the witness in the chair, interposed an objection, which was sustained.

The defendant points to these rulings, and similar rulings and claims they constituted reversible…