Broadwell v. Nixon

Charge to jury.

ON CERTIORARI. NIXON sued Broadwell in trespass, for shooting and killing his hog, of the value of 100 dollars. The defendant, as one of his matters of defence, justified killing the hog, under “ An act concerning trespasses by swine,” Pat. 324, (a)and the justice was requested to charge the jury, “ whether, under that statute, swine may lawfully be killed for entering an enclosure, without doing any actual damage.” The evidence presented that question for the consideration of the court and jury; but the justice refused to charge, except merely to read to the jury the first section of the statute; and added, ‘‘ that was the rule they had to observe.” It was assigned for error, by T. Frelinghuysen,■ for the plaintiff, that the justice had refused to charge the jury upon a question of law, fairly raised by the evidence, and upon which the rights of the parties depended.