Zellmer v. McTaigue
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. Lorin N. Hays, Judge. Action to recover damages for the killing of one of plaintiff’s horses, for injuries to another, and to a wagon and harness, due to the alleged negligence of defendant in carelessly driving his automobile so close to the horses that they became frightened and ran away.
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Appeal from Guthrie District Court. — Hon. Lorin N. Hays, Judge. Action to recover damages for the killing of one of plaintiff’s horses, for injuries to another, and to a wagon and harness, due to the alleged negligence of defendant in carelessly driving his automobile so close to the horses that they became frightened and ran away. There was a denial of all negligence on defendant’s part, and on the issues thus tendered, the case was tried to a jury, resulting in a verdict for the plaintiff for the sum of $300.00, and defendant appeals.
1Opinion of the CourtDeemer, C. J.
Plaintiff intrusted his team and wagon to a young woman eighteen years of age, who was accustomed to handling horses, to drive the same from his market place to his home in the country, some two or three miles distant. This young woman had been working both inside plaintiff’s home and out of doors, occasionally in the fields, and the implication is that she was a strong and rugged girl.
The team, in so far as plaintiff knew, was gentle and safe, and there is nothing amounting to affirmative proof that the wagon was not in condition. The wagon had two boxes upon it, and on top of the upper one…
2Cases cited3 opinions
- Elzig v. BalesSupreme Court of Iowa · 1907
- Carnego v. Crescent Coal Co.Supreme Court of Iowa · 1914
- Scrimgeour v. ChaseSupreme Court of Iowa · 1910
3Cited by10 opinions
- Morrison v. ClarkSupreme Court of Alabama · 1916
- State v. DavisSupreme Court of Iowa · 1972
- Bixby v. AyersNebraska Supreme Court · 1941
- State v. SchraderSupreme Court of Iowa · 1952
- Henriksen v. Crandic Stages, Inc.Supreme Court of Iowa · 1933
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