
    CAMPBELL v. LUDIN et al.
    (Supreme Court, Appellate Term.
    May 16, 1907.)
    Trial—Instruction—Invasion of Jury’s Province.
    Where, in an action for injury to a horse, its value was a question for the jury, it was error to instruct that, if the jury found for plaintiff, it must be for a fixed sum.
    [Ed. Note.—For cases in point, see Cent. Dig. vol. 46, Trial, §§ 318-327.]
    Appeal from Municipal Court, Borough of the Bronx, Eirst District.
    Action by Bernard Campbell against Susan A. Eudin and another, trading as the New York Bottling Company. From a judgment for plaintiff, defendants appeal.
    Reversed, and new trial ordered.
    Argued before GIEDERSLEEVE, P. J., and SEABURY and BRADY, JJ.
    Deyo, Duer & Bayerdorf, for appellants.
    Timothy Power, for respondent.
   PER CURIAM.

The value of the horse injured was a question of fact for the jury, and they should have been left free to determine it. The learned justice erred in instructing the jury that, if they found a verdict for the plaintiff, it must be for $150. Reves v. Hyde, 14 Daly, 432.

Judgment reversed, and new trial ordered, with costs to appellants to abide the event.  