Butts v. Houston

Lynch, Judge:

To recover damages for the death of his four year old son, resulting from a vicious attack by defendant’s horse, plaintiff brought this action; and to a judgment upon an adverse verdict this writ of error was awarded him. Two assignments only need be discussed. These require the expression of an opinion upon the exclusion and rejection of evidence and misdirection by instructions.

When kicked by the horse, the child, and its sister seven years old, were, with the permission of their mother,- playing at their usual place of entertainment under a shade tree standing immediately…