Vaughn v. Bixby

Agister—Who Is—Duty and Liability in Pasturing Horses.—One who takes in horses to pasture, having charge and control of them, is an agister; and while he is not an insurer against injury to or loss of the stock intrusted to his keeping, he is bound to take reasonable care thereof, and he is responsible for injury or loss resulting from ordinary casualties that could have been averted by the exercise of such care.

Id.—Reasonable Care—What Constitutes.—In such case reasonable care is that degree of care which it is presumed an ordinarily careful and prudent man would have exercised under the same circumstances with reference to his own stock.

Id.—Question por Jury—Reasonable Care of Horses in Pasture.— Unless it can be said that the facts and circumstances established are such that reasonable men could reach but one conclusion therefrom, the question as to whether or not an agister exercised the required degree of care in looking after the welfare of horses while in his charge, is a question for the determination of the jury.

Id.—Conclusion of Jury—Review on Appeal.—And even if there is no conflict in the evidence, nevertheless if the inferences fairly deducible therefrom are such that different conclusions might rationally be drawn therefrom by men equally sensible and impartial, the conclusion reached by the jury should be deemed final and not disturbed on appeal for want of sufficient evidence to justify the verdict.

Id.—Water for Horses in Pasture—Negligence of Agister in Supplying.—In this action by the owner of horses against the owners of some five thousand acres of mountainous land who had received the animals thereon to pasture for hire, to recover damages for the death of the horses through want of water, the evidence justifies the verdict of the jury in favor of the plaintiff.

Id.—Sufficiency of Water in Pasture—Special and General Verdicts—Consistency.—A special finding of the jury that there was sufficient water in the pasture for the horses is not inconsistent with the general verdict for the plaintiff, if it is also found that the water was inaccessible to the horses.