Erickson v. Sutherland
Erickson v. Sutherland
Opinion of the Court
Opinion by
The plaintiff’s statement avers that the defendants provided their employee with two “unbroken, wild and unroadworthy” horses, attached to a wagon, without warning him of their “nature and character”; that by reason of their wildness, the horses became “unmanageable and uncontrollable,” ran away causing an injury, from which the employee died. The evidence submitted is clearly insufficient to sustain any of the material averments necessary to impose liability on the defendants. It shows that the horses were, in fact, gentle and tractable. The appellee’s testimony was that the deceased was an experienced horseman, having been for more than twenty years constantly employed in and about horses, using and caring for them. When these particular horses came to the defendant’s stable a few days before the accident, he took charge of them. There was nothing from their behavior that would indicate that they were of a vicious nature, inclined to be fractious, or unbroken. On the day of the accident, he drove them to the blacksmith’s shop and from there to the street where the accident occurred. A number of persons saw the team being driven away from the shop and watched them traveling for some distance. They described the horses as being just like any ordinary team of heavy draft horses, acting like well-behaved, broken horses. When the team was next seen, the horses were running down street with the right, front wheel off the wagon. A little later the deceased was seen to suddenly leave his seat in the wagon. He
The judgment of the court below is reversed.
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- Negligence — Animals—Death resulting from run away horses — > Evidence. In an action to recover damages for the death of plaintiff’s husband resulting from the running away of two horses which he was driving, plaintiff is not entitled to recover where the evidence shows that the deceased was in the employ of the defendants, the owners of the horses; that he was an experienced horseman, having been employed for years in using and caring for horses; that the horses were placed in charge of the deceased a few days before the accident ; that there was nothing from their behavior to show that they were vicious; that spectators who saw the deceased driving them before the accident described the horses as acting like well behaved, broken horses; that after the accident they were described as being cool, and not excited or unmanageable when stopped a short distance away; that what started them to run did not appear from the evidence; and that the only evidence tending to charge the defendants with responsibility was an alleged statement by one of them, that he knew the horses were wild and unbroken, and forgot to notify the deceased. In such a case it is essential that the plaintiff should show with some degree of certainty that the condition complained of, was the probable producing cause of the accident. It need not be established by positive proof, but the evidence should be such as to exclude to a reasonable certainty every theory but that the accident occurred because the horses were wild, unbroken, and unroadworthy. The mere proof of the runaway does not of itself imply negligence.