Ritchie v. Schaefer

— This is an action for damages arising by reason of a collision between plaintiffs’ ear and some Angus cattle which had escaped from defendant’s cattle yard and strayed upon public Highway No. 65 near Mason City. The court submitted the case to the jury. The jury returned a verdict in favor of defendant. Plaintiffs appealed.

There is only one issue in the case. The trial court instructed the jury the presence of the cattle upon the highway in front of defendant’s farm home was prima facie evidence of negligence. Plaintiffs allege this was error, and the trial court should have instructed the…