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Evidence Keyed to Park
Davidson v. Prince
Citation:813 P.2d 1225 (1991)
On May 28, 1986, appellee was driving a truck containing animals. Appellee negligently overturned the truck, releasing animals onto the highway and into the surrounding area. Appellant was injured when he was attacked by a steer that had escaped from appellee’s vehicle. At trial, conflicting evidence was introduced regarding the proximity of appellant to the steer before the steer charged, ranging from forty feet to ten feet. Over appellant’s objections, appellee’s counsel introduced into evidence a statement from a letter written to the appellee wherein appellant estimated the distance as ten feet. Based on this evidence, appellee argued that appellant had cornered the steer and was therefore partly responsible for his injuries.
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