#### Patrick E. Hogan, Appellee, v. John Carlson, Appellant.

Gen. No. 17,865.

(Not to be reported in full.)

Abstract of the Decision.

1. Bailments, § 11 * —care required of agisters. Whether a bailee under a contract of agistment is liable for the value of a horse which disappeared from pasture, held in this case to depend upon the condition of the fence surrounding the pasture.

2. Appeal and error, § 1406*—when verdict will not be disturbed as excessive. Verdict will not be.disturbed as excessive where a greater amount was recovered on a former trial, and the jury were better able to judge.

3. Appeal and error, § 1410*—when verdict not disturbed as against weight of the evidence. In determining whether a verdict is against the preponderance of the evidence the preponderance is not necessarily on the side of the greater number of witnesses.

Appeal from the Circuit Court of Cook county; the Hon. H. Sterling Pomeroy, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1911.

Affirmed.

Opinion filed October 9, 1913.

Rehearing denied October 23, 1913.

Statement of the Case.

Action by Patrick E. Hogan against John Carlson for breach of a contract of agistment of a horse. From a judgment for plaintiff for two hundred dollars, defendant appeals.

Childs & Childs, for appellant.

No appearance for appellee.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Presiding Justice McSurely

delivered the opinion of the court.