MEDFORD MAIL TRIBUNE. MEDFORD. OREGON
O
COURT HELD
MONDAY. MAY 7. 196J
public suvict by lh
COLLEGE of LAW
VIL'AMETTE UNIVERSITY
Editet't notct This col
umn is to present general
principals of liw, It i not
to be taktn at loyal advice.
Slight changai in tha iacta
' may changa tha outeoma
of a case. If you have a
problem, aaa an attorney,
A meat packing plant pur
chased two bulla for slaugh
ter. One was large, weighing
1,195 pounds, and had been
observed by those handling
him to be "nervous and skit
tish." This information had
been communicated to the
owner of the packing plant,
Upon delivery the two ani
mals were placed in a pen
that was located in a large
shed. Somehow the bulls were
able to get a gate open and
they walked out of the pen
into the larger shed. They
knocked some b rds from
the wall of the shed, enabling
; them to leave the shed and go
to another building on the
premises of the packing plant,
At this point employees at
the plant started chasing the
bulls in an effort to capture
them. The smallci one was
quickly taken while the large
one was chased from room to
room in the building and fin
ally it saw a door that had
been open during the entire
chase and went through it,
down a ramp and into an al
ley outside the packing plant,
Many people were still in
pursuit. At this time one of
the owners of the plant ap
peared with a .22 rifle and
fired one shot. It hit the bull
and made him even angrier,
The bull left the alley and
while being chased entered an
open gate and found himself
in a pen enclosed by a wire
fence. The fence posts were
metal and set in concrete.
This was the premises of an
oil company.
The packing plant owner
appeared with his .22 rifle
and while the bull was in
this enclosure, with the gate
shut and fastened, he shot
it again. This angered the
bull who charged the fence,
broke it down and once again
ran down the street. The own
er then pursued it in a tTuck
while the agent of the oil
company went to get a more
powerful rifle. After catching
up with it he rammed it
twice with the truck but did
not subdue it. A few moments
later the bull met a lady
walking along the street. He
lunged at her with his head
and tossed her several feet
into the air. The lady suffer
ed cuts, bruises and a com
pound fracture of her right
arm.
The injured lady and her
husband brought a c 1 1 ons
against the packing plant on
the ground that it had been
negligent in keeping the ani
mal and negligent In efforts to
recapture it. The lower court
awarded the lady $7,500 for
the injuries she had sustain
ed and $5,000 to the husband
for loss of services of his wife.
The packing plant appealed.
THE COURT HELD: The
Court of Appeals of Tennessee
affirmed the award of the
lower court and the Supreme
Court of Tennessee refused
to review such decision. In
affirming for the plaintiffs
the appellate court merely
indicated that it belclved this
to be a question for the Jury
to decide. It had been prop
erly submitted to the Jury
in the lower court and it had
determined that the agents
of the packing plant had been
negligent in the keeping and
attempted recapture of the
bull. The plant was properly
held liable, for the losses re
sulting from the injuries that
had been suffered. Groce Pro
vision Co. v. Dortch, 350 S.W.
2d 409 (Tenn. 1961.)
mm r
M
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