Nichols v. Frey

Carley, Judge.

Appellant-plaintiff brought this action, seeking to recover damages as the result of a collision between his truck and a horse owned by appellee-defendant. In his complaint, appellant alleged that the proximate cause of his damages was appellee’s negligence in permit ting his horse to stray upon a public road. Appellee answered, denying the material allegations of the complaint. Appellee moved for summary judgment on the ground that he had taken all reasonable precautions and had exercised due diligence as to the confinement of his horse. It is from the trial court’s grant of…