Abbott v. Howard

The opinion of the court was delivered by

Smith, J.:

These two actions were to recover damages alleged to have been sustained when an automobile driven by the plaintiff in one of them collided with a horse loose upon the highway. The *306cases were consolidated in the trial court. The trial court sustained the defendant’s demurrer to the plaintiff’s evidence in each of the cases and the plaintiffs have each appealed.

The petition of the plaintiff, C. A. Abbott, alleged that he was driving his car on.the highway at 7:15 p. m. on January 7th at a speed of thirty-five to forty miles per hour; that a…