This section contains the nature of the case and procedural background.

Plaintiff brought this suit to recover personal injuries by the alleged reckless operation of an auto by the Defendant when the Defendant's car collided with a cow that was crossing the highway. Much of the evidence given during trial was contradictory and somewhat amazing regarding a 1200-pound cow flying 30 feet with no breaks being applied but there being skid marks for 354 feet. During trial and at the conclusion of evidence D moved for a directed verdict; there was no competent evidence to show that D was guilty of recklessness in the operation of the car. The court overruled that motion. The jury returned a verdict for P and D appealed.

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