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18 Ill. 336

Dean v. Blackwell

Illinois Supreme Court

Decided April 15, 1857

Illinois Supreme Court · decided 1857-04-15

Appellant filed his declaration in trespass, for shooting a colt. Defendant filed the general issue. Trial by jury at September term, 1856, of La Salle County Court.

Decided 1857-04-15

Scates, C. J.

¶1A habit in the colt to trespass upon the neighborhood cornfields, unaccompanied by other evidence, would not tend to show that the person or persons so trespassed on, killed the colt, and such facts were properly excluded from going alone to the jury.

¶2We can discover no objection to the instructions given for defendant. 3STor do we discover any material difference between the instruction asked, and as given on behalf of plaintiff.

¶3There being no apparent error in the record, the judgment will be affirmed.

¶4Judgment affirmed.

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