Miller v. Hedderman

Plaintiff brought a tort action alleging that in the early morning of October 10, 1968, defendant Hedderman operated his pickup truck some three miles south of Sheridan on Highway 87 negligently and killed plaintiff’s American Morgan mare, for which loss of mare and unborn foal he claimed damages of $887. Defendant denied generally, asserted plaintiff’s contributory negligence, counterclaimed for damages occasioned to his pickup, contending that plaintiff had negligently allowed the mare to stray on the highway. Thereafter defendant filed a motion to strike from the complaint an allegation…