Pens v. Kreitzer

*760The opinion of the court was delivered by

Marshall, J.:

The plaintiff recovered judgment for damages for injuries to himself and to his horse and wagon. The defendant appeals.

The plaintiff and his son were driving home from Humboldt in a spring wagon drawn by a team of horses. The plaintiff was driving in the traveled way on the left side of a macadamized road. The defendant, with his family, was driving in an automobile on the same side of the road and going in the same direction at what was, under the circumstances, a high and dangerous rate of speed. It was in the nighttime and dark. The…