Mungo v. Bennett

Steve C. Griffith, Acting Justice.

This is an action for damages for personal injuries suffered by the plaintiff when kicked by a stallion belonging to the defendant. In a trial by jury the plaintiff was awarded actual damages in the amount of $7,500.00. The defendant appealed.

The complaint charged the appellant with negligence in (1) keeping a horse of known vicious nature, (2) in failing to warn respondent of its vicious nature, and (3) in failing to keep the horse under control.

Appellant excepts to the Trial Judge’s refusal to direct a verdict, or to order judgment notwithstanding the…