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1 Charles Wheelock vs. Van Auken Smith 18--

handle is hein.trials/abas0001 and id is 1 raw text is: Suprtme (urL SUPREME COURT. CHRLI.ES tHEELO('K vs. V AKEN SMITH.,I This cause was tried at the .March Tompkins Circuit, 1853, be- fore lion. i,. F. Bowen and a Jury. The plaintiff io sustain the issue on his part called as a witness, C harles Lancaster u'ho swore as follows: I reside with the plaintiff, have worked for him since 1851. lie owns and occu- pies a farm in Ulysses-the defendant owns an, occupies a farm adjoining the plaintiff on the south. 2 About the middle of June last the plaintiff's horse was hurt in the plaintiff's clover field south west from his house. I discov- ered the horse was hurt on Sunday morning, there was one geld- ing and three mares in the field besides the horse in question, whose leg was brocken. I went to him about fhe time for going t) meeting and found him standing in the field with his leg bro- ken, found a narrow nick in the skin and the bone was just prick- ing through it ; should sail this was a little after . o'clock, the 3 hr,- vsas near the west side not more than 6 or 8 rods from the west side of the field. It is about square and I think contains 15 (or 16 ares, the bise was perhaps 15 rods from the line fenc e Th;s lot adjoins defendant's, the other horses were in the field and had been accustomed to run together and were peaceable and qui. et together. There was a stud horse there which I believe belong- ed to defendant. This stud was with plaintiff's mares and geld- 4 ing, lhe was carrying on %vith the mares and squealing around. They were between the lame horse and defendant's fence. I caught the mare 1 wanted to take up, took her home and told Wheelock what was amiss in the field and he and I went there, lie went and looked at the horse with the broken leg and I then caugt the stud horse and put him in our stable and plaintiff called -M r. l'ierco- to look at the horse that had his leg broke. I went with 5 them, the horses leg had svelled a little then, it was not swelled

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