Williams v. Frank Parmelee Transfer Co.

Per Curiam. 4. Pleading, § 395*—what must he proved under allegations. Under a count in a declaration set,ting forth a city ordinance prohibiting persons from leaving any horse, or other animal, attached to any wagon or other vehicle in any public street of the city, “without securely fastening such horse or other animal,” and averring that defendant negligently left its horses attached to its wagon, “without securely fastening said horses,” whereby “they were left free to run away” and plaintiff was thereby injured, it is necessary to prove that defendant left the horses without securely…