Kocha v. Union Transfer Co.

Although the complaint alleged that defendant’s three led horses were “high-bred, spirited, nervous, active young horses,” there was no allegation that the horse which did the kicking or any of the three had any vicious or mischievous propensities, and certainly we should be loath to say that any of the above quoted descriptive adjectives, even if applied to an animal, should be construed as alleging such propensities; nor is it alleged that defendant had notice of any such propensities, if any such there were; nor was evidence offered on the trial in such regard other than that of the…