
    EDWARD K. TOWNSEND, Appellant, v. DAVID M. BRUNDAGE, Respondent.
    
      Trespass — property damaged try—how vakie of determined.
    
    Upon the trial of an action brought by the plaintiff to recover the damages occasioned by cattle of -the defendant entering on his land, and destroying his grass and apples, a witness was asked: “To the best of your knowledge, were there 100 bushels of apples there?” Held, that the question was proper, and that it was not objectionable as calling for the opinion of the witness. Morehouse v. Matthews (2 N. Y., 515), Armstrong v. Smith (44 Barb., 120) distinguished.
    Appeal from a judgment of the County Court of Sullivan county, reversing a judgment in favor of the plaintiff, recovered in a Justice’s Court.
    
      Groo & Wiggins, for the appellant.
    
      R. J. Jelliff, for the respondent.
   Opinion by

Learned, P. J.

Present — Learned, P. J., Boardman and James, JJ.

Judgment of the County Court reversed, and that of the justice affirmed, with costs.  