Chicago City Railway Co. v. Smith

A span of horses with only the harness on, being driven out of the barn of the appellant, the driver struck one of them with the lines, and the horses ran away, running over and so injuring the mother of the appellee that she died, and this action is by him as administrator. At the instance of the appellee the court instructed the jury:

11 The jury are instructed, as a matter of law, that if they find from the evidence that Gunning was the defendant’s servant, and that changing the horses by driving them with nothing but a harness on in a slippery street, where the snow had just fallen, and in…