56 Ind. App. 385 | Ind. Ct. App. | 1914
Appellee recovered judgment against appellant for $122 damages for the loss of a horse occasioned by the alleged negligence of appellant’s servant, which caused a collision between appellee’s team and the wagon of appellant, on a public street in the city of Port Wayne, Indiana.
The only error assigned is the overruling of appellant’s motion for a new trial.
The following facts are undisputed: Columbia Street,
The substance of the negligence charged is that the appellant, by his servant and employe in charge of said team, carelessly and negligently drove his horses, with the wagon attached, at a lively rate of speed, down the center of Columbia Street and along the street car track located therein; that when he met and was about to pass appellee’s team, without giving any warning or decreasing the speed of his team, he suddenly, negligently and carelessly turned to the north and negligently, without stopping or decreasing the speed, threw said wagon against appellee’s horse with such force as to break its leg; that said injury was not due to the fault or negligence of appellee; that the appellant knew, or should have known, that by turning his team in the manner aforesaid the rear end of the wagon would be suddenly thrown to the south side of the street and would be liable to injure passing teams or vehicles; that the wagon was of such weight and the street in such a condition that the wagon could not be turned suddenly to the north without causing the end of it to swerve to the south, which fact
Note. — Reported in 105 N. E. 522. As to when opinions of non-experts are admissible in evidence, see 30 Am. St. 38. See, also, under (1, 2) 38 Cyc. 1667, 1670; (3) 38 Cyc. 1623; (4) 3 Cyc. 348; (5) 17 Cyc. 229; (6) 3 Cyc. 336; (7) 17 Cyc. 40; (8) 17 Cyc. 216; (9) 17 Cyc. 60.