Jacqueline Dorothy Wiseman and Jackie L

Defendants appeal from a judgment against them in a court-tried case awarding damages for injuries sustained by plaintiff
Jacqueline Wiseman, who allegedly ran her automobile off the road attempting to avoid defendants' cow. Plaintiff claims the
cow was negligently permitted to run at large in violation of the stock laws of Bollinger County and the State of Missouri.
The major problem to be resolved is which of three successive judgments entered by the trial court in the case is the judgment
to be reviewed. Defendants have not here urged any error in the trial, nor in the sufficiency of the evidence to support the
findings of liability and damages. No review of the evidence is necessary. The first amended petition in this case was in two counts. Count I pertained solely to Jacqueline Wiseman as plaintiff and
sought recovery for her personal injuries sustained in the accident. Count II pertained solely to her husband, Jackie L. Wiseman,
and sought recovery for his injuries suffered in the accident as well as his medical expenditures for him and his wife. On
the morning of trial plaintiffs amended their petition by interlineation by adding to Count I a claim for property damage
to the automobile and the medical expenses of Jacqueline Wiseman. After the amendment had been allowed plaintiffs dismissed
Count II - "the husband's claim" - and the court made its order "Count II dismissed." In this posture the trial commenced
on November 18, 1969. At the Conclusion of the trial the matter was taken under advisement by the court.