Harris v. Carstens Packing Co.

Citations

• 43 Wash. 647
• 86 P. 1125
• 1906 Wash. LEXIS 763

Syllabus

<p>Animals — Injuries—Evidence—Admissions by Servants Apteb Injury. In an action for personal injuries inflicted by a vicious steer while under the care of two of defendant’s drovers on the public highway, evidence that the drovers, on the morning following the injury, stated that the steer was vicious and had made other attacks, is inadmissible, as the statements were not so related as to be part of the res gestae.</p> <p>Same- — Notice op Vicious Propensity — Evidence—Admissibility. In an action for personal injuries inflicted by defendant’s steer while at large on the highway, in order to show the defendant’s notice of the steer’s vicious propensity evidence is admissible to show that it was a ‘.‘range steer” generally wild and vicious, and that it made attacks on other persons during several days thereafter.</p> <p>Same — Running at Large — Instructions. Where defendant’s steer, while being driven along the highway, jumped a cattle guard and came in contact with an electric rail and was left for dead upon the railway tracks, but afterwards got up and went upon the highway, it is not error to instruct upon the assumption that the defendant allowed the steer to run unattended upon the highway.</p> <p>Same — Liability op Owner — Reasonable Care. The owner of a vicious steer who permits it on the highway with knowledge of its vicious propensity, is liable for all damages it may do, regardless of the reasonable care of his drovers.</p>