(423 P.2d 7)
No. 21014.Supreme Court of Colorado.
Decided January 23, 1967.
Action to recover damages for the killing or injuring of plaintiff’s sheep by dogs harbored by defendants. Judgment for plaintiffs.
Affirmed.
1. ANIMALS — Findings of Jury — Evidence — Sheep — Killing or Injuring — Damage. Record reflects ample evidence, both direct and circumstantial, to support findings of jury in favor of plaintiffs pertaining to the killing or injuring of plaintiffs’ sheep and the amount of the resulting damage.
Error to the District Court of Delta Count, Honorable E. L. Dutcher, Judge.
Theodore L. Brooks, John W. Overholser, for plaintiffs in error.
Petrie, Waldeck, and King, for defendants in error.
Frank C. McKibben, amicus curiae.
In Department.
Page 439
PER CURIAM.
In an action brought by Gilger and Baker a judgment was entered in their favor in the sum of $4,250 against John and Norman Kehmeier based upon the claim that dogs harbored by the latter had killed or injured plaintiffs’ sheep. The parties agreed that the sole issues to be tried were: (1) Did the defendants’ dogs kill or injure the plaintiffs’ sheep; and (2) if they did, the amount of the resulting damage.
[1] We have read the record and the briefs, and have heard argument by counsel. There is ample evidence, both direct and circumstantial, to support the findings of the jury on each of the above stated questions.No error appearing, the judgment is affirmed.
Announcement approved by MR. CHIEF JUSTICE MOORE, MR. JUSTICE SUTTON, MR. JUSTICE DAY and MR. JUSTICE HODGES.
Page 440