Smith v. Whitlock

Rose, Judge:

The Circuit Court of Fayette County, on its own motion, certified here the question arising upon the sufficiency of the amended declaration in an action of trespass on the case, in which James E. Smith, Jr., is plaintiff and J. K. Whitlock, defendant.

By his amended declaration, the plaintiff alleged that while he was a passenger in an automobile being driven on a public highway in Fayette County, known as U. S. Route No. 19, the defendant was the owner of a certain horse, and that it thereupon became his duty “to keep said horse from running at large on said public highway so as…