Anderson

These actions were brought to recover damages for personal injuries received when an automobile driven by plaintiff Anderson,' with plaintiff Hernandez as guest, collided with a cow. Plaintiffs relied upon the doctrine of res ipsa loquihir to establish a prima facie case of negligence against defendant. Defendant admitted ownership of the cow but denied negligence and also pleaded contributory negligence of plaintiffs. The cases were consolidated for trial. At the close of plaintiffs’ evidence, defendant made motions for nonsuit, which were denied. When both parties rested, defendant moved for directed verdicts, which were also denied. The jury returned a $5,000 verdict for plaintiff Anderson and a $2,500 verdict for plaintiff Plernandez. Thereafter motions by defendant for judgment notwithstanding the verdicts were denied and judgments were entered for plaintiffs, from which defendant appealed on a single transcript.

Appellant contends (1) that the trial court erred in denying the motions for nonsuit, directed verdict, and judgment notwithstanding the verdict, there being in effect no statute or ordinance which would impose a specific duty upon defendant, and (2) that the…