Gilliland v. Rhoads

RAPER, Justice.

On two other occasions, this court has dealt with matters arising out of the factual background involved in this case. Rhoads v. Gilliland, Wyo.1973, 514 P.2d 202, concerned the disqualification of a trial judge, and Gilliland v. Steinhoefel, Wyo.1974, 521 P.2d 1350, concerned liability for loose livestock. Neither have any particular bearing on our disposition of the case before us.

On the night of December 28, 1970, the defendant-appellant was returning home to Gillette from his work in the vicinity of Upton. About one and one-half miles east of the Wyodak coal mine in…