Mallory v. Jurgena

Plaintiffs are engaged in raising purebred registered Aberdeen Angus cattle on a farm in Franklin County. Defendant is a neighbor farmer. Their pastures adjoin with a lawful fence between the two pastures.

In March 1954 five of plaintiffs’ Angus cows gave birth to calves. Three of them were roan and two were a combination of black and whitish hair. Defendant was the owner of a common Shorthorn roan bull. After the birth of the five calves one of plaintiffs and his hired man called on defendant to inquire if his bull had been in the Mallory pasture in the summer of 1953. Defendant said he had…