Davis v. A. O. Taylor & Son

This was an action by the beeper of a livery stable to recover the value of a horse which he alleged was injured through the negligence of one of defendant’s employees to such an extent that it became worthless. Plaintiff recovered, and defendant appeals.

The assignment that the court erred in giving the third instruction to the jury is not entitled to be considered. The record sIioavs that it was not contained in the original motion for a new trial. It was interlined more than 30 *770days after tlie motion had been filed, and without any excuse being offered for the delay. Gullion v. Traver, 64…