Holden v. Shattuck
Supreme Court of Vermont
Case. The declaration alleged that the defendant carelessly and negligently suffered his horse to be at large in the highway, whereby the horse of the plaintiff, which was traveling along the same highway, harnessed to a wagon, was, by the misconduct of the defendant’s horse, rendered so restive, frightened, and unmanageable, that he ran out of said highway, and was greatly damaged. Plea, the general issue, and trial by jury, May term, 1860, Redeield, Ch. J., presiding.
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Case. The declaration alleged that the defendant carelessly and negligently suffered his horse to be at large in the highway, whereby the horse of the plaintiff, which was traveling along the same highway, harnessed to a wagon, was, by the misconduct of the defendant’s horse, rendered so restive, frightened, and unmanageable, that he ran out of said highway, and was greatly damaged. Plea, the general issue, and trial by jury, May term, 1860, Redeield, Ch. J., presiding. On trial, the plaintiff gave evidence tending to prove that he was traveling from Springfield to Mount Holly, with a three…
1Opinion of the CourtBarrett, J.
The declaration in this case counts upon the neglect, on the part of the defendant, of his duty to restrain and take care of his horse, and keep him from being at large in the highway, through which neglect, the said horse, being at large', with great force and violence started, and ran about and before the horse of the plaintiff, which thereby became restive and frightened and ungovernable, and ran along said highway, and by reason of such fright ran out of said highway, and became damaged, etc.
There is no averme'nt of any vicious quality or habit in the defendant’s horse, known to the…
2Cases cited1 opinion
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
3Cited by18 opinions
- Fox v. KoehnigWisconsin Supreme Court · 1926
- Cole v. DrewSupreme Court of Vermont · 1871
- Percival v. WilliamsSupreme Court of Vermont · 1909
- Wright v. SheddSupreme Court of Vermont · 1962
- Gulliver v. BlauveltAppellate Division of the Supreme Court of the State of New York · 1897
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