Yates Bros. v. Garrett
Supreme Court of Oklahoma
Error from the Probate Court of Noble County; before Ethan Allen, Probate Judge. STATEMENT OE THE ClSE. On the 6th day of September, 1904, R. J. Garrett commenced his action against Yates Brothers, in the probate court of Noble county, for the sum of $990 damages which he alleged he had .suffered by reason of the defendant having permitted certain cattle alleged to have been affected or infected with a contagious and infectious disease, known as “Texas Never,” to stray into…
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Error from the Probate Court of Noble County; before Ethan Allen, Probate Judge. STATEMENT OE THE ClSE. On the 6th day of September, 1904, R. J. Garrett commenced his action against Yates Brothers, in the probate court of Noble county, for the sum of $990 damages which he alleged he had .suffered by reason of the defendant having permitted certain cattle alleged to have been affected or infected with a contagious and infectious disease, known as “Texas Never,” to stray into the pastures of Garrett and communicate to Garrett’s cattle such disease, from which it is alleged Garrett’s cattle…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
In the brief and argument of counsel for plaintiff in error two grounds are alleged for a reversal of this case: First, that there was no competent evidence introduced on the trial to show either that Yates Brothers’ cattle were infected with any contagious or infectious disease, or that Garrett’s cattle contracted any such disease, or that Garrett’s cattle died of any such disease; and, second, that the court erred in admitting incompe tent evidence to show the presence of Texas fever in the cattle in question. Both of these assignments can be properly…
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