Borth v. Borth

The opinion of the court was delivered by

Miller, J.:

This is a civil action for damages based upon a claim of personal injuries sustained by the plaintiff when he was charged and struck by a cow belonging to the defendant. The jury returned a verdict for the plaintiff for $9,500. The trial court overruled motions for a new trial and for judgment notwithstanding the verdict. Defendant appeals, claiming numerous trial errors.

The defendant, Clark Borth, is an adult son of the plaintiff, Dan Borth. Clark raises Charoláis cattle. On January 26, 1971, Clark was vaccinating, castrating and dehorning…