Texeira v. Sundquist

The defendant was operating a motor vehicle on a State highway in Falmouth between the hours *94of three and four o’clock on a foggy October morning at the rate of twenty-two miles an hour. The fog was so heavy that he could see only seven feet ahead of him. When opposite the home of the plaintiff he saw an unattended horse six or seven feet away coming toward him from his left. There was a collision and the horse, which belonged to the plaintiff, was killed. A judge of the District Court found the defendant negligent, assessed the damages of the plaintiff, and at the request of the defendant…