Pecsok v. Millikin

It apears without serious challenge, that plaintiff was acting under order of defendant who owned the estate and whose property was being used in the performance of the labor by plaintiff. There was an answer filed denying the negligence and the defective character of the harness and when the case was submitted to the jury a special interrogatory was submitted in writing, under 11463 GC by the defendant, and it took the following form:

“Did the bellyband, rein or any other part of the harness break, causing tie horse to run away.”

A special exception was taken to this charge by the use of the…