COXWELL v. WHATLEY

77-794.

367 So.2d 962 (1979)

Marvin G. COXWELL and Louise Coxwell v. Charles WHATLEY and Earnest Whatley.

Supreme Court of Alabama.

February 23, 1979.


Attorney(s) appearing for the Case

Gary E. Davis, Phenix City, for appellants.

Hoyt W. Hill, Opelika, for appellees.


BLOODWORTH, Justice.

The question on this appeal is whether defendants are liable to plaintiffs for damages resulting from a collision of plaintiffs' automobile with defendants' cow on a public highway, not within a municipality or its police jurisdiction, when there is no evidence that the defendants knowingly or wilfully put or placed the cow upon the highway. We answer in the negative and affirm the trial court's judgment for defendants.

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