Wisecarver v. Long
Supreme Court of Iowa
Appeal from Jefferson District Court. — Hon. M. A. Roberts, Judge. ActioN on account and also for loss of a horse and injury to another alleged to have been caused by the negligent driving of defendants’ employe. The answer admitted the account, denied liability for damages to the team, and, by way of counterclaim, pleaded an account against the plaintiff, which was also admitted. Verdict and judgment for difference in accounts, but no allowance for damage to team.
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Appeal from Jefferson District Court. — Hon. M. A. Roberts, Judge. ActioN on account and also for loss of a horse and injury to another alleged to have been caused by the negligent driving of defendants’ employe. The answer admitted the account, denied liability for damages to the team, and, by way of counterclaim, pleaded an account against the plaintiff, which was also admitted. Verdict and judgment for difference in accounts, but no allowance for damage to team. The plaintiff appeals.
1Opinion of the CourtLadd, J.
On the 21st day of March, 1900, Long & Oamp, who are merchants engaged in business at Fairfield, hired a livery team and light wagon of .plaintiff, which their employe, Roy Fry, drove to Glasgow, a distance of' about twelve miles. The object of the trip was to nail up advertising boards on the way and at that place. Incidentally a young lady, who has since become Fry’s wife, rode with him. They left Fairfield within an hour from 12:15 o’clock p. m., and returned between 5:80 and 6:45 o’clock the same evening. One of the horses died before midnight, and the evidence tended to show that the…
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