Portner Brewing Co. v. Cooper

Simmons, C. J,

Suit for damages for personal injuries was brought by Cooper against the Robert Portner Brewing Company and its manager. The plaintiff alleged that he was employed to deliver defendants’ beer from a wagon which, with horse and ham ness, defendants were to furnish. He was given a horse which had run away, but he was assured by defendants that it would not run away if carefully handled, and that a strong set of sound and suitable harness would be supplied him. Relying upon the promise to furnish him a strong and sound harness, he used the horse. While he was proceeding quietly…