Mitchell v. Ridgway

OPINION

E. T. HENSLEY, Jr., Chief Judge, Court of Appeals.

The plaintiff’s second amended complaint sought to recover damages from the defendant. The defendant met the complaint with a motion to dismiss for failure to state a claim upon which relief could be granted. From a judgment sustaining the motion and dismissing all three counts of the complaint the plaintiff now appeals.

The admitted and- stipulated facts disclosed that the plaintiff, in June, 1964, while 'driving an automobile at night on paved State Highway No. 132 north of Hobbs struck a horse owned by the defendant. At the scene of…