Carl v. Ackard

*641The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from a judgment against him for $10,000, damages for the wrongful death of Ethel Carl.

There was evidence which tended to show that the defendant owned a .breachy mule which could not be confined by fences; that the mule was vicious toward young animals and had attacked and killed them; that the mule often jumped the inclosures in which it was confined and trespassed on the property of the neighbors; that on about June 11, 1921, the mule escaped from its place of confinement on the property of the defendant and went to…