Garibaldi Bros. Trucking Co. v. Waldren

OPINION

By the Court,

Badt, C. J.:

This appeal is taken from a judgment of the district court of the Second Judicial District in favor of the plaintiff for damages resulting from injuries to the plaintiff’s horse while being transported by defendant corporation, which necessitated destruction of the animal.(1) Error is assigned in the trial court’s allowing plaintiff to pi'oceed upon a theory of defendant’s liability as a common carrier, its liability for “ordinary negligence”, and under the doctrine of res ipsa loquitur, without requiring her to elect; (2) as a corollary, in the court’s making…