Rucker v. City of Huntington

Poffenbarger, Judge:

In the circuit court of Cabell county, the declaration of J. W. Rucker, against the City of Huntington, in an action of trespass on the case, for the 'recovery of damages for a, personal in*105jury, caused by the fright and shying of .the plaintiff’s horse, was held insufficient on demurrer and dismissed, and, to the judgment of dismissal, he obtained a writ of error.

The facts, set forth in the declaration, are substantially as follows: While traveling along Fourth Avenue in a buggy, plaintiff’s horse took fright at a street car and suddenly swerved and shied out of its…