[DOWNLOAD] "Stewart v. Oberholtzer" by New Mexico Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Stewart v. Oberholtzer
- Author : New Mexico Supreme Court
- Release Date : January 11, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
At the time of the incident involved, appellee was residing in Ruidoso, and operating a riding stable. In connection therewith he was using some thirty-five to forty head of horses, some of which were valuable show horses. He held a lease on forty acres of unfenced land, about one and three-fourths miles from appellants home, on which he permitted his horses to run at large at night. Appellant maintained a home on a small unfenced tract in the village of Ruidoso in the Country Club Heights Subdivision, which was planted to a lawn, flowers, and shrubs. He had expended a large sum of money, some $40,000, in constructing his residence and decorating his premises. On the evening of August 25, 1951, at about 10:30 p. m., appellees horses wandered onto appellants premises. A floodlight was on and when appellant observed the animals in his yard, without making an effort to drive them away, he shot them with a rifle at close range, a distance of approximately twenty-five feet. A dun horse was shot in the left hip about the stifle joint; a palomino was shot in the withers; and a sorrel horse was shot in the rump. As a result of the injuries sustained, their values were greatly reduced, if not totally destroyed.