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COSBY v. OLIVER

No. 78-209.

577 S.W.2d 399 (1979)

Gerald COSBY and Sue Cosby, Appellants, v. Dwight OLIVER, Appellee.

Supreme Court of Arkansas, In Banc.

February 26, 1979.

Attorney(s) appearing for the Case

R. H. Mills, Springdale, for appellants.

No brief filed for appellee.

BYRD, Justice.

Appellee Dwight Oliver sued appellants Mr. & Mrs. Gerald Cosby to recover damages to his Ford pickup that occurred as a result of the alleged negligence of appellants in permitting their horses to run loose on the highway. The trial court sitting as a jury in rendering judgment against appellants made the following findings:

"In a civil case it is my duty to determine which way the evidence is balanced. I have no serious doubt in my mind...

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