WILLIAM L. CRUNK v. KENNETH GLOVER
District Court of Appeals, Otoe County: JOHN M. DIERKS, JUDGE. Affirmed. 167 Neb. 816 (1959).
FACTS Kenneth Glover, the appellant, is the owner and operator of selling livestock and merchandise near Nebraska City. This is public sales inviting people to come and check out livestock offered for sale. In August 3, 1957, the appellant kept a bear in the pen. The appellant had knowledge of knowing the pen had a large opening big enough for the bear could put its jaws and forelegs and could reach out to anyone that stand near the pen or pass through the barn. William L. Crunk, the appellee, 67 years old farmer, on August 3, 1957 at about 1:15 pm., without any knowledge of knowing there was a bear in the pen; he stood next to pen , put his right hand on the pen to support himself and make a passageway for other livestock to pass through. The end of appellee’s third finger on his right hand got bit off by the bear without any warning. The appellee experienced pain, suffering, and permanent disability due to the appellant failure to protect the public by give any verbal or sign of warning to the people around him that there is a bear in the pen. Due to the injury and suffering the appellee experienced, he wasn’t able to work in his farm, he would like the appellant to take responsibility for the recovery damages in a specified amount. The verdict was for appellee.
ISSUE The appellant filed an appeal claimed the bear was a friendly, peaceful, and gentle animal. The appellee knew there was a bear in the pen, and yet he still trespass the area. The injuries and suffered were caused by the appellee lack of precaution, fail to acknowledge the presence of the bear, and putting himself in a danger zone where the bear could reach. Did the District Court of Appeals of Otoe County take the appellant’s appeal and overrule the verdict?