Tabaka v. Gerard

This action was brought by the plaintiff to recover damages for the loss of his horse by reason of the horse having been struck by the defendant’s automobile upon a public highway.

It appears that on June 22d, 1933, at about nine o’clock in the evening, the plaintiff was conducting two horses from his barn on one side of the public highway across the highway to a pasture lot owned by him on the opposite side of the said highway and one of the horses stopped along the side of the highway to graze while the plaintiff conducted the other horse into the pasture field. On his return across the…