[DOWNLOAD] "Borth v. Borth" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Borth v. Borth
- Author : Supreme Court of Kansas
- Release Date : January 05, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
The opinion of the court was delivered by This is a civil action for damages based upon a claim of personal injuries sustained by the plaintiff when he was charged and struck by a cow belonging to the defendant. The jury returned a verdict for the plaintiff for $9,500. The trial court overruled motions for a new trial and for judgment notwithstanding the verdict. Defendant appeals, claiming numerous trial errors. The defendant, Clark Borth, is an adult son of the plaintiff, Dan Borth. Clark raises Charolais cattle. On January 26, 1971, Clark was vaccinating, castrating and dehorning cattle. He employed Larry Myers, Cecil Brookshire, Steve Kruse, Wayne Lundstrom, and the plaintiff to help him. About 50 head of cattle were placed in a large holding pen or corral. The cattle were herded singly from the corral into a long chute, at the far end of which was a squeeze chute where each animal was held while it was being treated. Myers, Brookshire, Kruse and plaintiff were in the pen where they kept the cattle moving and caused them to enter the chute as needed. Wayne Lundstrom was helping on the chute. The defendant and a veterinarian, Dr. V.D. Lundstrom, were up at the squeeze chute where they worked on each animal. The activity was carried on without incident until it came to the last cow in the corral. Suddenly and without warning, the animal turned and charged toward the plaintiff. The other men in the corral climbed over the fence and escaped; the cow struck the plaintiff in the lower back and threw him over the fence, causing him to sustain serious injuries.