Lovell v. Howard

Benham, Judge.

Appellee sued appellants for damages she incurred when her car struck a horse. She alleged in her suit that the horse was under the control of appellants and that they were negligent in allowing the horse to stray onto the public road. This appeal is from a judgment entered on a jury verdict in appellee’s favor.

1. Appellants first enumerate as error the trial court’s jury instruction to the effect that a violation of OCGA § 4-3-3, which provides, in pertinent part, that “[n]o owner shall permit livestock to . . . stray upon the public roads of this state. . . ,” is negligence…