Legal Opinion

Dyer v. Mudgett

Supreme Judicial Court of Maine

Decided October 7, 1919PublishedCited by 4 opinions

Action on tbe case to recover damages for the injury to. plaintiff’s automobile caused by the alleged negligence of defendant in permitting his horse to be at large without a keeper on the public highway. The defendant filed plea of 'general issue. At close of plaintiff’s evidence, upon motion of defendant, a non suit was granted to which ruling plaintiff filed exceptions. Exceptions overruled. Case stated in opinion.

1Opinion of the CourtWilson, J.

This is an action to recover damages resulting to the automobile of the plaintiff from coming into contact with the defendant’s horse, which at the time of the accident was at large within the limits of the highway in front of the defendant’s premises. The plaintiff in his automobile was' driving along the highway just after ' dark and as he was passing the defendant’s premises the defendant’s horse *268suddenly appeared in front of his car, and by reason of the collision the damages complained of resulted.

At the close of the plaintiff’s testimony the defendant moved for a non suit which the…

2Cases cited3 opinions

  1. Robinson v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1890
  2. Holden v. ShattuckSupreme Court of Vermont · 1861
  3. Dix v. Somerset Coal Co.Massachusetts Supreme Judicial Court · 1914

3Cited by4 opinions

  1. Hansen v. KemmishSupreme Court of Iowa · 1926
  2. Byram v. MainSupreme Judicial Court of Maine · 1987
  3. Brooks v. BessSupreme Judicial Court of Maine · 1937
  4. Byram v. MainSupreme Judicial Court of Maine · 1984

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