Karp v. Whiting Milk Co.

The plaintiff sues for personal injuries and property damage sustained when the defendant’s “horse and wagon collided with the plaintiff’s automobile.”

We think that there was no evidence to support a finding that the defendant was negligent.

Evidence of the bare fact that the defendant’s horse was running in the street, with a milk wagon attached and without a driver, would not support a finding of the defendant’s negligence. Verna v. Boston Transcript Co. 288 Mass. 160.

In answer to an interrogatory by the plaintiff the defendant stated in substance that “at the exact time of the accident” the…