418 
NEWS AND SUNDRIES. 
would depreciate the value of the horse, deducting that amount 
from the amount of the note, the plaintiff would be entitled to re¬ 
cover the balance, whatever it might be. 
Mr. Wilson, for the plaintiff: I desire to except and object 
to that part of Your Honor’s charge which has just been given 
with reference to the right of the jury, under the testimony, to 
find the damages as claimed. 
Judge Stines : We do not take objections in that way. If 
you have any requests to make we will hear them. 
Mr. Wilson : 1 request your Honor to charge as follows :— 
There bein£ no evidence in the case of what the amount of 
damages is, the jury are not warranted, in the absence of such 
testimony, in finding any other amount than the amount of the 
note. The jury would not be warranted in finding any thing 
else. 
Judge Stinis : That I deline, gentlemen. The defendant, 
of course, is bound to prove there is some damage, and if there 
are no sufficient data given in the case for the jury to deter¬ 
mine what the damages are, they can come to no conclusion on 
that point. But it is not necessary for the man to show in 
dollars and cents, by witnesses, what the damage is, because 
that would, after all, be but the opinion of the witnesses, and 
the opinion of the jury would have to control eventually. If, 
from the nature of the injury and the condition of the horse, 
and the circumstances attending the case, you are satisfied that 
there is a pecuniary damage, then, from those circumstances, 
you are warranted in asserting it. 
Mr. Wilson : That is just what I objected to, that portion 
of your charge. 
NEWS AND SUNDRIES. 
Pleuro-Pneumonia. —New outbreaks of contagious pleuro¬ 
pneumonia are reported in Caroline County, Maryland. 
Northern Cattle in Texas. —Texas cattle raisers state that 
Northern cattle sicken and a great many die when introduced 
into their State.’ 
