Ellsworth v. Jarvis

The opinion of the court was delivered by

Burch, J.:

The plaintiff sued the defendant for damages for personal injuries sustained as a result of the plaintiff’s horses taking fright at the defendant’s automobile. A demurrer was sustained to the petition and the plaintiff appeals.

The charging part of the petition reads as follows:

“On or about the 18th day of February, 1912, this plaintiff was driving his said team attached to said buggy by said harness from what is known as ‘The Casaday Corner,’ in Bolton township, Cowley county, Kansas, towards Geuda Springs, Kansas, on the road to this…