Cooper v. Layson Bros.

The plaintiff hired a horse and a buggy from the defendants. The buggy and the harness were free from defects. The driver who went with the plaintiff was careful and experienced. Shortly after the journey began, and without any apparent cause, the horse began to kick and run, and as a result the plaintiff either fell or was thrown out of the buggy and was injured. On proof of this the plaintiff rested his case. The defendant contends that even if the horse was vicious and dangerous, proof of the scienter was necessary to enable the plaintiff to recover. Counsel for the plaintiff insist that…