Menger v. Laur

The opinion of the court was delivered by

Depue, J.

This was an action to recover damages for an -injury done to a surveyor’s instrument known as a transit, -consisting of a telescope, compass, Vernier’s scales, &e., mountéd on a tripod, and standing when set up in position ;about five feet high. The declaration alleges that the plaint*207iffs were using the instrument upon a public highway, and that the defendant was driving along the said highway, and then and there did drive his horse and wagon so carelessly, negligently and unskillfully, that by his carelessness, negligence and want of skill…