Latella v. Breyer Ice Cream Co.

Opinion by

Trexler, J.,

The plaintiff’s auto was standing along tbe curb on the right side of the street at a place where the plaintiff had a right to have it. The defendant’s driver, having charge of a team of three horses, drove into the standing auto and caused the damage complained of. Neither the plaintiff, nor any of his witnesses, saw the accident. One of the witnesses, who was seated in the plaintiff’s business place, heard the crash andl upon investigating, saw one of the horses on top of the fender of the auto, land the driver also on top of the machine. The defendant urges that there…