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FORBES COMPANY v. MacNEEL

No. 3128

382 P.2d 56 (1963)

FORBES COMPANY, Inc., a Wyoming corporation, Appellant (Plaintiff below), v. J. Raymond MacNEEL, Appellee (Defendant below).

Supreme Court of Wyoming.

May 28, 1963.

Attorney(s) appearing for the Case

Thomas S. Smith, Laramie, for appellant.

Dean W. Borthwick, of Riner & Borthwick, Cheyenne, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY and McINTYRE, JJ.

McINTYRE, Justice.

Forbes Company, Inc., on appeal to this court, claims a summary judgment should not have been awarded against it and that it should have been permitted to proceed to trial on its suit for damages resulting from the killing of one of its heifers on a state highway. The defendant, J. Raymond MacNeel, struck and killed the heifer while driving a motor vehicle on the highway.

The defendant denied negligence on his part and cross-claimed for...

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