
    Woert against Jenkins.
    In an action or°f pontiff’s horse jury,imay give the value of the money, therebegrlatamhvanton Santthe de"
    THIS was an action of trespass for beating the plaintiff’s mare, by reason whereof she died. The cause was tried at the Greene circuit, in August, 1816, before Mr. Justice Fan Ness. The mare was proved to be worth 50 or 60 dollars. The judge charged the jury, that the plaintiff was entitled to recover the value of the mare, and that if they believed, as he did, that the defendant had whipped her to death, it was a case in which, from the wantonness and cruelty of the defendant’s conduct, the jury had a right to give.smart money. The jury found a verdict for T.5 dollars. . ,
    A motion was made to set aside the verdict, for excessive * V damages, and for the misdirection of the judge. The case was submitted to the court, without argument.
   Per Curiam.

This was an action of trespass for maliciously and cruelly whipping the plaintiff’s mare to death. The plaintiff proved the facts charged in the declaration, and with circumstances of great barbarity on the part of the plaintiff. We think the charge of the judge was correct; and we should have been better satisfied with the verdict, if the amount of damages had been greater and more exemplary.

Motion denied.  