Barker v. Koozier

This was an action of trespass, brought by Elizabeth Koozier, against Walter Barker, to recover for wrongfully and negligently driving his carriage in the centre of the traveled track of the highway in such a manner that the plaintiff, who was driving her carriage in an opposite direction, was compelled, in passing, to turn out and drive on to a bank, whereby her carriage was upset, and she sustained injury. The plaintiff recovered a verdict and judgment for $500, and defendant appealed.

The declaration contained three counts. It is insisted that the first count is a count in case, and not in…