Johns v. Pomtree

Frank Holt, Justice.

The appellee brought this action against the appellants to recover damages for the wrongful death of appellee’s decedent, James Pomtree. The appellee alleged that appellants failed to maintain a proper enclosure for their cattle resulting in Pomtree being killed when the car he was driving struck one of appellants’ cows upon the highway. The appellants pleaded the negligence of appellee’s decedent as a defense. In response to interrogatories-, the jury assessed 75% negligence to appellants and 25% to the decedent and fixed appellee’s damages at $20,-000.00 Based upon this…