Anderson v. McCarty

I respectfully dissent.

In the early evening hours of November 15, 1981, plaintiffs Marshall W. Anderson and Louise G. Anderson were driving in a westerly direction on U.S. Highway 84 just outside of Winnfield when the 1979 Ford LTD in which they were riding struck a cow allegedly belonging to defendant W.A. McCarty. According to the testimony of Mr. Anderson the cow ran onto the roadway from the left shoulder and proceeded into the path of the automobile. As a result of the collision, the automobile sustained severe damage to the front end and, according to the petition, Mr. Anderson suffered…