Allen v. Stewart

The action is in negligence to recover for the value of two horses, killed as the result of being struck by defendant’s truck and trailer. Defendant counterclaimed. A jury has awarded a judgment of $750 on the counterclaim, damages to defendant’s equipment,- based on negligence of plaintiff in permitting his horses to be unattended upon the highway. Decision on a motion to dismiss the counterclaim was reserved. Plaintiff also moves for a new trial (Civ. Prac. Act, § 549).

Briefly, the facts indicate that plaintiff owned a stock farm and barns located on the northerly side of a twenty-foot…