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REED v. MOLNAR

No. 80-1287.

67 Ohio St. 2d 76 (1981)

REED ET AL., APPELLANTS, v. MOLNAR ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 8, 1981.

Attorney(s) appearing for the Case

Messrs. Critchfield, Critchfield, Critchfield & Johnston, Mr. Walter C. Grosjean and Mr. J. Douglas Drushal, for appellants Reed.

Messrs. Hargreaves & Fannelly, Mr. Angelo Fannelly and Mr. John Lambert, for appellant Buckeye Union.

Messrs. Williams & Batchelder, Ms. Alice M. Batchelder and Mr. William G. Batchelder, Jr., for appellees John Molnar, Sr. and Dorothy Molnar.

Messrs. Weston, Hurd, Fallon, Paisley & Howley and Mr. James L. McCrystal, Jr., for appellees John Molnar, Jr. and Julia Molnar.

Per Curiam.

Appellants contend that proof of the unsupervised presence of domestic animals, such as cattle, in a public highway results in the animals' owner or keeper being subject to strict liability in tort for damages resulting therefrom or, alternatively, constitutes negligence per se.

We reject appellants' contention that a strict liability theory is applicable to this cause. The syllabus of Nixon v. Harris (1968),

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