WENNDT v. LATARE

No. 54736.

200 N.W.2d 862 (1972)

Ezra WENNDT et al., Appellants, v. Merlin LATARE, Appellee.

Supreme Court of Iowa.

September 19, 1972.


Attorney(s) appearing for the Case

Howard M. Remley, and David M. Remley, of Remley, Heiserman & Story, Anamosa, for appellants.

Harry E. Wilmarth, and James H. Carter, of Shuttleworth & Ingersoll, Cedar Rapids, for appellee.


MASON, Justice.

Ezra Wenndt and his two sons Duane and Larry, owners of a purebred, registered Angus bull "H & K Bardoliermere 6," instituted a law action for damages resulting from injury to their bull allegedly caused by the unlawful trespass of a bull belonging to defendant, Merlin Latare, a neighbor.

The trial court submitted plaintiffs' case to the jury solely on the theory that they must establish defendant was negligent in failing to restrain his...

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