Tassoni v. Leboutillier

Opinion by

Rhodes, J.,

Plaintiff instituted an action of trespass against defendant to recover for damages to his automobile caused by defendant’s horse. Defendant filed no affidavit of defense to plaintiff’s statement of claim. The trial judge granted defendant’s motion for a compulsory nonsuit, which the court below subsequently refused to take off, and plaintiff has appealed.

“On this appeal we must view the evidence in the light most favorable to plaintiff, assuming the truth of the evidence and giving plaintiff the benefit of all inferences fairly deducible therefrom, and resolve all doubts…