Rumbaugh v. McCormick
Supreme Court of Ohio
88 N.E. 410 (1909)
McCormick and Blair (plaintiffs) sued Rumbaugh (defendant) for injuries to their sheep. At trial, they produced direct evidence to show that Rumbaugh's dog attacked and injured the sheep. The judge also allowed Blair's witness to testify that Rumbaugh's dog had been seen attacking his and McCormick's sheep on several past occasions. Rumbaugh testified that his dog was tied up at the time of the attack in question, and suggested Blair may have confused Rumbaugh's dog with a similar dog owned by McCormick. The jury found for McCormick and Blair. Rumbaugh appealed to the Supreme Court of Ohio, arguing that the trial judge erred in admitting the testimony of Blair's witness.
Rule of Law
Holding and Reasoning (Price, J.)
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