#### Alex Hamilton and Marie Hamilton, Appellees, v. Earle Sampson, Appellant.

(Not to be reported in full.)

Appeal from the Circuit Court of Menard county; the Hon. Gut R. Williams, Judge, presiding.

Heard in this court at the April term, 1913.

Affirmed.

Opinion filed October 16, 1913.

Statement of the Case.

Action by Alex Hamilton and Marie Hamilton, partners, against Earle Sampson to recover damages for *317the loss of seventy-four turkeys belonging to plaintiffs and alleged to have been killed by defendant while they were foraging on an adjoining farm belonging to defendant. From a judgment in favor of plaintiffs for two hundred and eighty-five dollars, defendant appeals.

Abstract of the Decision.

1. Animals, § 28*—right of owner of farm to hill or injure trespassing turheys. An owner of a farm has a right to drive turkeys belonging to another off his premises, but the mere fact that they are trespassing on his place gives him no right to kill or injure them.

2. Animals, § 43*—when evidence sufficient to sustain recovery for hilling trespassing turheys. In an action to recover for turkeys killed by defendant while they were foraging on defendant’s adjoining farm, evidence held sufficient to sustain a verdict for plaintiffs, it appearing that no serious damage was done to defendant’s farm or his crops thereon by reason of the trespass.

Watkins & Golden, for appellant.

Thomas P. Reep, for appellees.

Mr. Presiding Justice Philbrick

delivered the opinion of the court.