Granger v. Tremblay

This is a tort action in which the plaintiff had a verdict and judgment below and the case is here upon the defendant’s exceptions. In his declaration the plaintiff alleges that at about twelve-thirty o’clock A.M. on August 7, 1941, he was driving his automobile in a careful and prudent manner on the so-called Gore Road in the town of Highgate. He was there “run into and upon” by a horse owned by the defendant, which horse the defendant had turned loose in the road and then and there knowingly, carelessly and negligently permitted it to run at large in said highway, whereby the plaintiff’s…