Newbury v. Luke

The opinion of the court was delivered by

Pitney, J.

In the Court of Common Pleas, on appeal from the Small Cause Court, the plaintiff recovered judgment *190against the defendant for damages for overdriving and otherwise abusing plaintiff’s horse, by reason whereof the horse died. The defendant insists that the judgment is legally without support, because the horse was let by plaintiff to defendant for hire upon a Sunday, for purposes of Sunday driving, and the overdriving and abuse of the horse occurred on that day. The first section of “An act for suppressing vice and immorality” (Gen. Stab., p.…