O'Connor v. Burns

The verdict for the plaintiff was based on the liability of the defendant’s testate, Mrs. Burns, for knowingly keeping a vicious or dangerous horse. Popplewell v. Pierce, 10 Cush. 509. Cooper v. Cashman, 190 Mass. 75. The only question before us is whether the trial judge* was warranted in submitting the case to the jury.

On the evidence the jury could find that at the request of the authorized agent of Mrs. Burns, the owner, the plaintiff, a boy about thirteen years old, was entering the stall for the purpose of feeding the horse, when the animal kicked him. On the issue *591of the horse’s…