Mr. Justice McINTYRE delivered the opinion of the court.
Suit was brought by Landis Webber, a rancher, against James Farmer, a truck operator, for the killing of twelve head of plaintiff's cattle on a county road west of Thermopolis, Wyoming, when a herd of cattle were run into by defendant in his truck. Plaintiff also claimed personal injuries to his back caused by his horse being frightened and rearing. The defendant counterclaimed for damages to his truck.
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