Luick v. Sondrol

Plaintiff’s testimony, in substance, is that, while he was riding an unshod horse along a paved street, defendant’s dog barked at and frightened the horse; that the horse jumped, and fell on the plaintiff, breaking the plaintiff’s leg. There was evidence that the pavement was wet and slippery, and that the horse’s feet slipped, and there was evidence tending to show that the dog frequently ran out, and chased and barked at passing horses. At the close of the evidence, the plaintiff withdrew all claims of common-law liability and rested his case upon Section 2340, Code Supplement, 1913.

The…