Walker v. Faelber

The opinion of the court was delivered by

Porter, J.:

This is an appeal from a judgment sustaining a demurrer to the plaintiff’s evidence.

The plaintiff was engaged in harvesting grain in a field adjoining a public highway, and was using a binder drawn by four horses. The defendant passed along the public highway on a motorcycle, moving at a rate of forty miles an hour. The plaintiff claimed that his horses became frightened from the noise of the exhaust or muffler on the motorcycle and ran away, breaking the binder to which they were hitched, injuring one of the horses so that it died, and…