John Edward Bayne, while operating his automobile on State route 40, struck a mule that Albert C. Tharpe was leading along the highway, and Tharpe was injured when the mule fell upon him.
The action for damages for personal injuries instituted by Tharpe against Bayne resulted in a verdict for $11,500, and from the judgment confirming that award, we granted Bayne an appeal.
The accident occurred...
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