Kelley v. Curtiss

*294The opinion of the court was delivered by

Clapp, S. J. A. D:

This case, laying before us some

fundamental questions on municipal liability for torts, was dismissed as against the defendant, City of Newark, at the close of plaintiffs’ case. Plaintiffs appeal.

The plaintiff, Mrs. Gladys Kelley, was kicked by a horse which was tethered, and unattended, in a driveway, perhaps 35 feet in width, leading to a private auto parking lot. The horse, owned by the city and assigned to Officer Curtiss of the mounted police, had, for 20 minutes to an hour, daily, for over a year, been left by him there in this…