Allen v. Hazzard

JAMES, Chief Justice.

Plaintiff (defendant in error) alleged that defendant was accustomed to turn his horse loose in the city of El Paso for the purpose of permitting him to go alone to a certain livery stable, and on August 17, 1900, turned him loose, knowing that it was accustomed to run and trot rapidly along the street towards the stable; that when plaintiff came into that street on a bicycle she saw the horse coming rapidly down the street towards her, and in the direction she was going, and she, through fear and excitement in attempting to avoid being run over by turning out of the way,…