Gardner v. . Black

Defendant assigns for error in tbe main tbe refusal of tbe court below to grant motion for judgment as in case of nonsuit. We are of opinion that upon all tbe evidence, taken in tbe light most favorable to plaintiff, tbe motion should have been allowed.

Tbe liability of tbe owner of animals for permitting them to escape upon public highways, in case they do damage to travelers or others lawfully thereon, rests upon tbe question whether tbe keeper is guilty of negligence in permitting them to escape. In such case tbe same rule in regard to wbat is and wbat is not negligence obtains as…