True v. Shelton

LATIMER, Justice.

Appellant, a mail carrier, riding a saddle horse while carrying the mail out of the Truesville Postoffice to the Beechwood Postoffice in Owen County, was attacked by a jack which appellee kept for breeding purposes but which was permitted by ap-pellee to be at large upon the highway over which appellant was riding. Both appellant and his horse were considerably injured.

The cause went to trial and at the conclusion of all the evidence, appellee’s motion for a peremptory instruction was sustained. From that judgment this appeal is prosecuted.

Appellee apparently based his motion…