Crane v. Mason

Decided August 15, 1833

Error. Mason sued Crane in the Common Pleas in trespass for taking and carrying away sixteen muskrat traps, &c. Crane plead qd the general issue, and gave notice under the statute, that one Chapman… Held: and to whom he paid rent before the act was committed, and that Crane was his servant and acted under his command, &c., which being objected to, was ruled out by the court. It is claimed the court erred in ruling out the evidence, and for this error the writ is brought.

Decided 1833-08-15

TVUOD, J.

¶1W"e are not very well versed in the law of the muskrat trappers; but, as it seems to us that the evidence offered and rejected, tended to show that Mason was himself the wrong-doer, and that Crane was no trespasser, it was competent under the issue, and should have been received. The court erred in rejecting it.

¶2 *341Ecr-this error, the judgment and proceedings sin’ce the making up the issue, are reversed, with costs, and the cause is remanded to the Court of Common Pleas, with instructions to reinstate it and proceed.