Carpenter v. Biedekapp

The sufficiency of the complaint is challenged on the ground that it does not state sufficient facts to constitute a cause of action. The action is for damages by the owner of a motor vehicle arising from a collision with a horse which was astray on a public highway during the night. The complaint contains no allegation, either general or specific, of negligence on the part of the defendant, but merely alleges that the automobile of the plaintiff struck and collided with the horse of the defendant “ which horse was astray on a certain public highway at about three-thirty o’clock a.m., which…