Powell v. Underbrink

CADENA, Justice.

Defendants, Gentry Powell, Sr., and Gentry Powell, Jr., appeal from a judgment, following a jury trial, awarding plaintiff, U. L. Underbrink, $93,223 for personal injuries sustained by him when his pick-up truck collided with one of defendants’ cows which had escaped from defendants’ pasture and wandered onto the highway.

Fourteen special issues were submitted to the jury. In answer to the first five issues, the jury found that defendants were negligent in permitting their cows to run at large on the highway and in failing to maintain a fence adequate to keep the cows within…