Hoyt v. Garlock

This case was commenced in justice’s court. It was appealed to the circuit court where it was tried by a jury, and a small verdict rendered in favor of the plaintiff. The case is brought here by writ of error.

There are a great many assignments of error, but we deem it necessary to discuss but one. The declaration was in writing. Omitting its formal parts, it reads:

“ While the said plaintiff was lawfully passing along, over and upon a public highway * * * with a horse of ordinary gentleness, and under the control of the said plaintiff, and hitched to a vehicle in which the said plaintiff was…