Hinkle v. Siltamaki

This is an appeal from a summary judgment dismissing the complaint of plaintiff who sought $50,000 damages for injuries caused when his automobile collided with defendants’ horses on the highway near Medicine Bow. According to the complaint, plaintiff on April 22, 1955, at one-thirty in the morning, was driving one automobile and pulling another on U. S. Highway 30 when he struck defendants’ horses which had been “unlawfully and negligently permitted * * * to run at large * * * on said fenced public highway.”

Defendants filed a motion to dismiss the complaint because it did not state a claim…