Missouri & Kansas Telephone Co. v. Vandevort

The opinion of the court was delivered by

Johnston, C. J. :

On November 4, 1900, H. O. Vandevort was driving a team of horses attached to a vehicle along a public highway, and when he approached a point where two telephone poles had been thrown on the side of the highway near a hedge fence his horses became frightened so that they ran away, causing in*270jury to him. The leg of one of his horses was broken so that it became necessary to kill him. He brought an action against the Missouri & Kansas Telephone Company to recover for the injuries sustained, and alleged that there was negligence in…