Kesley Ferguson Brick Co. v. Silva

This is an action of tort in which the plaintiff alleges that as a result of defendant’s negligence, defendant’s horse collided with and damaged plaintiff’s motor vehicle on a public way. The defendant’s answer is general denial, contributory negligence and violation of law.

There was evidence on the part of the plaintiff that plaintiff’s motor vehicle was being operated on a two lane public way at about 5:45 P.M. The plaintiff’s operator first saw the defendant’s horse a few feet ahead on the right, the horse attempted to jump over the motor vehicle but landed on the roof of the vehicle and…