Barkshadt v. Gresham

The opinion of the Court was delivered by

Mr. ChiEE Justice Gary.

This is an action for damages to the plaintiff’s horse, sustained in a collision with the defendant’s automobile.

The jury rendered a verdict in favor of the plaintiff, for $175, and the defendant appealed upon two exceptions, the first of which is as- follows:

“(I) That his Honor erred in charging the jury that a person situated in a position of sudden peril is held to the standard of ordinary prudence; whereas his Honor should have charged the jury that a person so situated is only required to exercise his best judgment under the…