Jones v. Snow
Jones v. Snow
Opinion of the Court
The plaintiff secured a verdict against the defendant in the municipal court of the city of Minneapolis for the sum of $80 damages, by reason of his horse and buggy having been injured through the negligence of defendant in drawing an advertising wagon through one of the principal streets of said city, said wagon being so loaded with bicycles and covered with various flags flying and waving from one side to the other, and making such a display, that they frightened an ordinarily gentle horse of one Mrs. Griswold, then being driven in said .street by her, causing her horse to run away, and against the plaintiff’s buggy, upsetting, breaking, and demolishing it, and thereby frightening plaintiff’s horse, whereby it also ran away, and whereby it was badly injured and damaged. Plaintiff, in his complaint, claims damages in the sum of $130.
It appears from the evidence that the defendant was using his wagon as a medium for advertising his business of selling bicycles, and to this end the wagon had upon it several nickel-plated bicycles, with flags also upon the wagon, flying from one side to the other. The evidence clearly shows that the wagon was so arranged and decorated as to readily frighten horses of ordinary gentleness, and that the display was not such as was really necessary for carrying on defendant’s business, except in the way of advertising it. There did not appear to be any carelessness or negligence on the part of the plaintiff or Mrs. Griswold, and they were lawfully in the street. The defendant, in giving his testimony on the trial, stated that he did not know that it was imperative to decorate his wagon in the manner proven to deliver bicycles sold, but that he carried flags, and so decorated his wagon, to let people know that his people were true Americans. However admirable such an unusual display of loyalty and patriotism might be if exhibited on a Fourth of July, it is of rather questionable practice to let it ooze out and bubble over on other days, in a great thoroughfare of a populous city, to the extent proven in this case, endangering not only the property of other citizens, but putting their lives in peril.
We deem the evidence sufficient to sustain the verdict, and there is no reversible error of law appearing in the record. The judgment is therefore affirmed.
(Opinion published 57 N. W. Rep. 478.)
Reference
- Full Case Name
- Richard N. Jones v. Isaac R. Snow
- Status
- Published