Schoenlau v. Friese

This is one of the best illustrations of concurring negligence that can be found. The defendant’s servant negligently left his horse and wagon unhitched on the street in St. Louis.

The defendant’s horses ran away, and, while so running, ran into and killed the plaintiff’s horse, in consequence of the plaintiff’s horse, on the approach of the defendant’s horses, turning from where it stood into the middle of the street. A city ordinance makes it a misdemeauor to leave teams unhitched on the street. Both parties, therefore, are guilty of negligence as matter of law. If the defendant’s servant…