KINSELLA v. LEONARD

Nos. 243-68, 244-68.

415 F.2d 574 (1969)

Lawrence R. KINSELLA, Stanley Dilley and Duane L. Ault, Plaintiffs-Appellees, v. Ralph LEONARD and Quinten Kessler, Defendants-Appellants.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 25, 1969.


Attorney(s) appearing for the Case

John E. Clough and Don R. Evans, Denver, Colo., for appellants.

Kenneth C. Groves, Denver, Colo., for appellees.

Before HILL, TUTTLE and HOLLOWAY, Circuit Judges.


TUTTLE, Circuit Judge.

These are appeals and cross-appeals from jury verdicts for personal injuries to Kinsella and Ault, and for property damage suffered by Dilley when Kinsella and Ault ditched a trailer-truck, owned by Dilley, to avoid running headlong into a herd of cattle being driven along the road by the defendants Leonard and Kessler. The herd of cattle filled the entire road for a depth of 100 yards at the time of the occurrence.

The evidence permitted...

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