Kotila v. Houghton County Street-Railway Co.

Carpenter,. J.

A cow belonging to the plaintiff was struck by a car operated by defendant, and killed. Plaintiff recovered a judgment of $65 in the court below. The case was tried by plaintiff upon the theory that he was *315himself guilty of negligence in permitting his cow to be at large. He was permitted to recover on the theory that 'the negligence of defendant’s motorman was such that he was entitled to a verdict notwithstanding his own negligence. Defendant contends that the evidence did not warrant a recovery on this theory. Plaintiff’s testimony tended to prove that his cow stood on…