Woodruff v. Deshazo

[1] The appellee, Des-hazo, sued the appellant, Woodruff, alleging the death of a horse owned by him, on account of falling into a cistern on appellant’s premises, which was negligently left unfenced and unprotected. The defendant, Woodruff, as a special defense, pleaded the existence of a city ordinance of the city of Wellington, prohibiting the running at large of live stock contrary to the provisions of the same, and that said horse was at large in violation of said ordinance. If it were unlawful for the plaintiff to permit his horse to run at large within the corporate limits of the town…