Lee v. HinsonLee v. Hinson
- Reporters:
- Before:
- Smith, Kanner, White (per curiam)
The appellant, who was the plaintiff in the court below, appeals a summary final judgment entered in favor of the defendant-appellee. We affirm.
In his complaint the plaintiff alleged facts to the effect that the defendant carelessly and negligently permitted his horses to roam at large upon a public highway, contrary to law; that the plaintiff was lawfully operating his automobile upon said public highway; that the plaintiff‘s motor vehicle collided with the defendant‘s horses; and that the plaintiff was injured and his automobile was demolished. The defendant‘s answer was in the form of a general denial. The defendant filed his motion for summary judgment and submitted in support thereof depositions and affidavits, all of which were served at least ten days before the hearing.
From the facts shown in support of the motion, the following salient conclusions are drawn: while lawfully driving upon a public highway, the plaintiff‘s automobile struck two horses at about 2:30 in the morning on July 24, 1962; the defendant owned the horses with which the plaintiff‘s automobile collided; the horses were kept in an enclosure constructed and maintained in a manner sufficient to retain them; sometime during the night of the accident the only gate to the enclosure was somehow opened; the horses escaped through the open gate, and two of them wandered onto the highway, where they were struck by plaintiff‘s automobile. The deposition of the defendant discloses that the gate to the enclosure was secured by a chain and snap hook which can be operated only by human hands and fingers; that the device cannot be operated by horses or similar animals; that the defendant himself did not open the
In our view, this record discloses a classic example of the intent and purpose to be accomplished by the rule authorizing summary judgment. The defendant in this case met the burden imposed upon movants for summary judgment by clearly and unequivocably establishing, by depositions and affidavits supporting his motion, that even after drawing all reasonable inferences in favor of the plaintiff, there are no material facts by virtue of which the plaintiff‘s position might be sustained upon trial; that there is no genuine issue as to any material fact, and therefore nothing could have been accomplished by submitting the cause to a jury; and that the defendant was entitled to summary judgment as a matter of law. The record here establishes, without genuine issue as to any material fact, that neither the defendant nor his servants or agents, for whose acts the defendant would be responsible, was negligent. The mere fact that the defendant‘s horses were running at large upon the public highway does not justify an inference that the defendant intentionally, willfully, carelessly or negligently permitted them to so run at large on the highway in violation of
Affirmed.
SMITH, C.J., and KANNER and WHITE, JJ., concur.