Webber v. McDonnell

This is an action in tort to recover damages for severe injuries, alleged by the plaintiff to have been inflicted upon him by the kick of a vicious horse, owned by the defendant. At the trial to a jury in the Superior Court, at the close of the evidence the defendant made a motion for a directed verdict, which was refused, and the defendant duly excepted.

In the aspect most favorable to the plaintiff’s contention, the evidence warranted a finding that the plaintiff, in the exercise of due care in the stable of one Hurwitz, was kicked in the leg as he walked down an aisle between two rows of…