Miller v. Dobbs

This is a suit to recover damages for the death of a mule. The action was instituted in a justice court of Wagoner county, where the plaintiff prevailed. The cause was appealed to the district court and tried de novo to the court without a jury, and again the plaintiff prevailed. The defendant appeals the cause here and as grounds for reversal urges that there was no proof of any primary negligence on his part, while there was proof of negligence on the part of the plaintiff. We will continue to refer to the parties as they appeared in the trial court.

The facts are not in conflict. On the…