Wilhelm

Action for injuries to personal property. In his complaint the plaintiff alleges that on a certain day the defendant “seized plaintiff’s buggy while plaintiff’s team of horses was attached thereto, and while plaintiff was seated therein, and overturned and upset said buggy, throwing plaintiff violently to the ground and causing” injury to his horses, buggy, and harness. To this complaint, which was unverified, the defendant made a general denial. The cause was tried before a jury, and a verdict rendered in favor of the defendant. From the judgment entered thereon and from an order denying a new trial the plaintiff has appealed.

The fact that the plaintiff’s buggy was upset on that day, and that it, as well as the horses and harness, was seriously injured, does not seem to have been controverted at the trial,— the issue to which the evidence was chiefly directed being whether the defendant was the cause of the injury. On that day the plaintiff, with a companion, drove in the buggy to where the defendant was at work, for the purpose of collecting a bill. Soon after getting out of the buggy the plaintiff had a personal altercation with the defendant, during which harsh words were…