Allen v. Smith

On February 5, 1910, Frank M. Allen brought the original action for damages for personal injuries alleged to have been caused by the negligence of the defendant, T. T. Smith, in operating his automobile. The accident complained of occurred upon the public highway, December 2, 1909. Plaintiff with a horse and buggy approached from one direction and defendant with his automo*285bile from the opposite direction. Plaintiff’s horse took fright as the automobile passed, resulting in the upsetting of the buggy and the injury to plaintiff.

Before issues were joined by the pleadings, the case was taken to…