Evans v. Harvey

Carley, Judge.

Appellant-plaintiff was a passenger in an automobile which struck a cow that had wandered onto the roadway. The cow belonged to appellee-defendant and had somehow escaped from its fenced-in enclosure. Appellant brought suit to recover for injuries he sustained in the collision. The jury returned a verdict in favor of appellee. Appellant appeals from the judgment entered on the jury’s verdict and from the denial of his motion for a new trial.

1. Appellant enumerates as error the trial court’s charge on the theory of accident. The contention is that the charge was erroneous for two…