Kelley v. Curtiss

The opinion of the court was delivered by

William J. Brennan, Jr., J.

At the trial an involuntary dismissal was granted defendant City of Newark at the end of plaintiffs’ case, and the jury returned a verdict of no cause for action in favor of the city’s employee, the defendant Curtiss, a mounted police officer. Plaintiffs, husband and wife, sought damages for injuries sustained when the horse assigned to Curtiss for mounted police duty, while tethered unattended where Curtiss had left it in a driveway leading to a parking lot, kicked Mrs. Kelley as she walked away after feeding the horse sugar…