Clowdis

Clowdis v. Fresno Flume & Irrigation Co.

Good Law
118 Cal. 315·1897 Cal. LEXIS 767·50 P. 373
Supreme Court of CaliforniaSeptember 21, 1897Sac. No. 242California2,187 words

Opinion

Lead Opinion

Henshaw, J.

Plaintiff recovered damages for injuries inflicted by a vicious bull, the property of defendant. lie averred that, prior to the attack upon him, the bull was of a vicious disposition and dangerous character, and that the fact was known to defendant, its agents, and employees. He also averred that the injury was occasioned by the negligent conduct of defendant’s servants engaged in driving the bull upon a public highway. Defendant appeals from the judgment and from the order denying a new trial.

The facts disclosed by the evidence are as follows: In April, 1895, the defendant, which was engaged in the lumber business in the Sierra Nevada mountains, in Fresno county, sent two of its employees, John Lovelace and G. W. Treece, to a ranch on Kings river known as “The Grant,” where its cattle had been pasturing during the winter, to bring them to the mountains. *319 There were some thirty-six head, consisting of bulls and steers. The bull in question was wild, and the men had difficulty in yoking him. On the second day after they started, this bull became tired and troublesome to drive and was allowed to remain temporarily at the ranch of Ben McCloskey, a place about four miles from…

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