Spencer v. Shelburne

STEPHENS, Associate Justice.

Suit for damages by appellee against appellant for the latter’s negligently driving to death the hired horse of the former. Conversion also alleged.

In submitting the issue of negligence, the court instructed the jury to find against appellant if the “horse became sick or exhausted on the journey and the defendant pursued his journey and the horse died in consequence” thereof. This was clearly a charge on the weight of the evidence, and the error assigned thereto requires the judgment to be reversed. Whether a man of ordinary prudence, under the same circumstances,…