Myler v. Bentley

Plaintiff’s automobile, driven by him along a paved country highway, in the nighttime, collided with a horse of defendant, claimed to have been permitted negligently to run at large in the highway, contrary to section 7285, 2 Comp. Laws 1915. Plaintiff was injured. The automobile was damaged. Averring such claimed negligence to be the proximate cause of the injury and damage, plaintiff brought suit and had verdict and judgment. Defendant brings error.

Defendant’s farm adjoined the highway. He owned seven horses. Returning to his home about 9 o’clock that night, he found two ,of them out of the…