Brauner v. Peterson

Plaintiff, Steven L. Brauner, appeals a judgment of dismissal.

The findings of fact, which are unchallenged and must be accepted as verities, disclose: In the early evening of November 16, 1974, plaintiff was driving east on State Highway 904 approximately 1 mile west of its intersection with Four Lakes Road in Spokane County when he struck defendants’ Black Angus cow that had strayed onto the highway.

Plaintiff produced no evidence as to how the cow strayed from defendants’ property. Plaintiff produced no competent evidence as to whether the area in which the accident occurred was a…