Wenndt v. Latare

MASON, Justice.

Ezra Wenndt and his two sons Duane and Larry, owners of a purebred, registered Angus bull “H & K Bardoliermere 6,” instituted a law action for damages resulting from injury to their bull allegedly caused by the unlawful trespass of a bull belonging to defendant, Merlin Latare, a neighbor.

The trial court submitted plaintiffs’ case to the jury solely on the theory that they must establish defendant was negligent in failing to restrain his bull from running at large. Of course, the issues of proximate cause and damages were also submitted. The jury returned a defendant’s verdict.

Pl…