Ellsworth Brothers

Plaintiff Ellsworth Brothers, Inc., an automobile dealer doing business in Idaho Falls, Idaho, purchased two used cars in Denver, Colorado, and arranged with one Glen D. Kneen, an independent contractor, for delivery of the cars to its place of business in Idaho. In attempting to make delivery Kneen left Denver driving one car, a Thunderbird, and towing the other, a Chevrolet. At about 5 p.m. on October 17, 1962, Kneen while proceeding northward upon a hard-surfaced, fenced, well-traveled highway at a point near Smoot, Wyoming, collided with a calf and a cow that were at a curve upon the highway, with resulting damages to both vehicles. Thereafter plaintiff commenced this action against defendant Lawrence Bruce, the owner of the cattle, and the defendant Harvey Crook, alleged to have been in charge of the cattle, to recover its damages. The action was tried to a jury and a verdict was rendered for plaintiff and against the defendants jointly in the approximate sum of $1,660. Thereafter motions were filed on the part of both defendants praying for judgment notwithstanding the verdict. The motions were sustained and the trial court directed that judgment be entered for defendants dismissing plaintiffs action. Plaintiff appealed from the judgment so entered.