Cooper v. Eberly

The opinion of the court was delivered by

Schroeder, J.:

This is an action based on common law negligence and arose out of injuries received by the plaintiffs when an automobile driven by the plaintiff Gary Joe Cooper struck a horse belonging to the defendant on a regularly traveled highway in Sedgwick County, Kansas. The case was tried to the court, sitting without a jury, and resulted in a judgment for the plaintiffs in the sum of $56,035.03. Appeal has been duly perfected.

The issues on appeal challenge the sufficiency of the evidence to sustain the trial court’s findings regarding negligence…