Stuart v. Castro

UDALL, Justice.

This is an appeal from a judgment that plaintiffs take nothing, entered at the close of plaintiffs’ case, and from an order denying their motion for new trial. This suit for damages was tried to the court sitting without a jury. The parties are before us in the same order as they were in the lower court, hence we shall herein refer to appellants and appellee as plaintiffs and defendant, respectively.

The complaint alleges that due to the reckless and negligent manner in which the ■defendant drove his automobile into, among, and upon a herd of cattle that six head of dairy cattle…