HOLLAND, Justice.
On October 19, 1954, defendant in error, defendant below, owned and resided on a ranch located about seven miles north of Gunnison, Colorado, on Highway 341, commonly called the Ohio Creek road. In the locality of what is known as Jack's Cabin, some distance away from the highway, defendant and others had been grazing a large number of cattle, and on the night in question this entire herd of cattle, including 150 cattle belonging to defendant, was...
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