Fallon v. O'Brien
Supreme Court of Rhode Island
Dependant’s petition for a new trial.
1Opinion of the Court
Durpee, G. J.
(This is trespass to recover damages for an injury received by tbe plaintiff, who is a child of tender years, while playing in one of the streets of tbe city of Providence, in consequence of being kicked by tbe defendant’s borse, which was astray in tbe street. Tbgl^j^jnááíit, in defence, submitted testimony to show that it was not bis nfPse, but another’s, that kicked tbe plaintiff, and also to show that be kept bis borse, with bis cows, in an inclosure, and that, though they escaped from it on tbe day tbe plaintiff was injured, and were loose in tbe streets, in tbe…
2Cases cited2 opinions
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Holden v. ShattuckSupreme Court of Vermont · 1861
3Cited by2 opinions
- Walton v. BairdSupreme Court of Rhode Island · 1981
- Crittenden v. SpeakeSupreme Court of Alabama · 1940