Stephenson v. Corder

Citations

• 71 Kan. 475
• 80 P. 938
• 69 L.R.A. 246
• 1905 Kan. LEXIS 167

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Personal Injuries — Runaway Team — Proximate Cause. A farmer drove a team of eleven-year-old horses seventeen miles, hauling a wagon loaded with about a ton’s weight, and hitched one of them (as he had been in the habit of doing frequently) to a hitching-rail in front of a store while he was engaged in unloading, going back and forth for this purpose but a short distance. The halter with which the horse was hitched was apparently in good condition and no defect therein was shown. While the team was standing quietly a boy, in turning over the hitching-rail near the head of the team, struck the nose of one of the horses with his foot, which frightened the team and caused them to break loose and run away, causing damage. Held, that the striking of the horse by the boy was the proximate cause of the accident.</p>