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28 Ind. 353

McBroom v. Putney

Indiana Supreme Court

Decided November 15, 1867

Indiana Supreme Court · decided 1867-11-15

<p>APPEAL from the Fountain Circuit Court.</p>

Cited by 1 later decisions — most recently September 1930

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1867-11-15

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Frazer, C. J.

¶1— We think that the complaint was sufficient before a justice. The case is also presented upon the sufficiency of the evidence. It was a suit to recover damages for an injury to the plaintiff’s mare, resulting from the negligence of the servant of the defendant in letting a stallion to the mare, whereby the mare died. There were two causes proved, either of which, according to the evidence, might have produced the death of the mare. One of these causes was the negligent act of the defendant’s servant, charged in the complaint. The other was not attributable to the servant.

¶2All the evidence was to the effect that it was as probable that one cause produced the injury, as that the other did. There was no conflict in the evidence upon that subject. Was there, then, any evidence whatever connecting the injury complained of with the negligent act of the servant, as-the effect of that negligence ? We think not.

¶3The judgment is reversed, with costs, and the cause remanded for a new trial.

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