O'CONNOR v. Black

SMITH, Justice.

Appellant, about 2:00 o’clock A.M., September 14, 1954, alone in his automobile was traveling southeasterly on U. S. Highway 30, some eight miles northwest of Montpelier where the highway rises on a slight curve. . Appellant, upon reaching the crest of the curve, saw ahead a herd of some twenty cattle on the highway in the area lighted by the lights of his car. The cattle belonged to respondent.

Appellant applied his brakes and turned his automobile to the right in an effort to avoid a collision, but hit one cow. The automobile came to rest in the borrow pit some seventy feet…