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Justus R. Fortune vs. City of Tallahassee

Justus R. Fortune vs. City of Tallahassee

Lower Court

  • Leon County

Date

  • 1849

Box

  • 473

Folder

  • 854

Transcript

Careful, as will as those less so, and cannot in our opinion form a ground of allegation of negligence or want of ordinary care, in the plaintiff but horses so hitched sometimes escape and this is accident rather than negligence. The mare there having broken loose or accidently escaped from her fastening. It is presumed sought to return to her accustomed enclosure or stall, as it was contiguous to the chasm complained of, and on her way the either fall in, and was lost, as the facts appear, had not the chasm been in the street. It reasonable to suppose, the mare would have returned to her stable without damage, it was therefore, the direct cause of her death, and of her owners loss, it was there, by the wrongful negligence of the defendants, and in our opinion they ought to pay the damages such nonfeasance occasioned

Per [?] The judgment of the Circuit Court is affirmed with costs,