Allis v. Turner

Judgment reversed on the law without costs and new trial granted. Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Thomas Allis (plaintiff) while attempting to restrain defendant’s horse, which had escaped from a fenced pasture and was unattended on the road. Plaintiffs appeal from a judgment dismissing the complaint based upon a special verdict finding that defendant was not negligent. Supreme Court’s denial of plaintiffs’ request for a res ipsa loquitur instruction was reversible error. “[Hjorses do not generally wander unattended on public streets…