Clark v. Hart
Court of Appeals of Kentucky
Case 11 — PETITION ORDINARY — APPEAL FROM MONTGOMERY CIRCUIT COURT. Permitting objects likely to frighten horses to remain upon or in close proximity to a passway is negligence. (Cooley on Torts, p. 630; Wharton on Negligence, sec. 107; Dillon on Mun. Corp., sec. 1007; Sanders on Negligence, pp. 61, 63; Derby v. Hill, 4 Com. B. N. S., 556, 27 L. J. C. P., 318; Jacob’s Fisher’s Digest, vol. 6, p. 9372; Billman v. Indianapolis, &c., R. Co., 76 Ind., 166; s. c., 40 Am.
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Case 11 — PETITION ORDINARY — APPEAL FROM MONTGOMERY CIRCUIT COURT. Permitting objects likely to frighten horses to remain upon or in close proximity to a passway is negligence. (Cooley on Torts, p. 630; Wharton on Negligence, sec. 107; Dillon on Mun. Corp., sec. 1007; Sanders on Negligence, pp. 61, 63; Derby v. Hill, 4 Com. B. N. S., 556, 27 L. J. C. P., 318; Jacob’s Fisher’s Digest, vol. 6, p. 9372; Billman v. Indianapolis, &c., R. Co., 76 Ind., 166; s. c., 40 Am. Dec., 236; Foshay v. Town of Glenhaven. 25 Wis., 288; s. c., 3 Am. Rep., 73; Ayer v. City of Norwich, 39 Conn., 376; s. c., 12…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the court.
This action was instituted by John Clark and wife against A. S. Hart, seeking to recover on account of injuries sustained by reason of appellee leaving a wagon-bed so near a pass-way that it scared appellee’s horse and caused it to run away.
The material allegations of the petition are as follows: The plaintiffs say that on the 9th of August, 1893, they resided on their own premises and that the only pass-way they had to get to the turnpike to go to and from Mt. Sterling, the county seat of Montgomery county, was through the land of Nimrod Byrd,…
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