Thornton ex rel. Thornton v. Franse

The opinion of the court was delivered by

Harvey, J.:

This is an action for damages for personal injuries in an automobile casualty. The jury answered special questions and returned a general verdict for plaintiff. Defendant has appealed.

Briefly the facts are: Plaintiff, a boy about fifteen years of age, and his sister were riding horses home from high school about 5:30 o’clock the afternoon of October 17,1930. They were traveling west on a state highway which has a paved slab eighteen feet wide with dirt shoulders on each side. Plaintiff was riding his horse along the *783dirt shoulder on the…