Buatt v. Petty

Plaintiff sued to recover the value of a cow alleged to have died of poisoning as the result of eating commercial fertilizer, a poisonous substance alleged to have been made accessible by the negligence of defendant's employee.

It is claimed that on or about July 5, 1942, plaintiff's Jersey milk cow, while grazing on the public range, ate a quantity of nitrate of soda, which had been spilled outside of defendant's fence by defendant's employees while unloading the same onto the premises of defendant.

The record discloses that prior to the date fixed upon which the death of the animal occurred,…