Lynch v. Kineth

Citations

• 36 Wash. 368
• 78 P. 923

Syllabus

<p>Animals — Vicious Horses — Injury Inflicted by Runaway Team. The owners of a team of vicious horses of known propensity to run away are liable for all injury inflicted thereby, without proof of negligence or fault in endeavors to prevent the doing of the mischief.</p> <p>Same — Notice. Knowledge of the defendants’ drivers of the vicious character of a runaway team is imputed to the owner.</p> <p>Animals — Vicious Horses — Negligence—Injury Inflicted by Runaway Team — Contributory Negligence —■ Evidence — Sufficiency — Nonsuit—Question fob Jury. In an action for personal injuries sustained by one who, while driving on the public highway, was run into by defendants’ runaway team, alleged to be vicious and addicted to the habit of running away and driven by an incompetent servant, the questions whether the team was a “runaway” team and of plaintiff’s contributory negligence, are for the jury, where it appears that the team had run away several times, and it can not be determined by the evidence as a matter of law either that the team did not have such vicious habit, or that plaintiff was guilty of contributory negligence.</p>