Clark v. Hart

• Decision Date: 28 September 1895
• Citation: 32 S.W. 216,98 Ky. 31
• Parties: CLARK et ux. v. HART.
• Court: Kentucky Court of Appeals

32 S.W. 216

98 Ky. 31

CLARK et ux. v. HART.

Court of Appeals of Kentucky.

September 28, 1895

Appeal from circuit court, Montgomery county.

"Not to be officially reported."

Action by John Clark and wife against A. S. Hart for injury sustained by the wife by running away of a horse frightened by a negligent act of defendant. From a judgment for defendant, plaintiffs appeal. Affirmed.

A. F Wood & Son, for appellants.

Z. T Young, for appellee.

GUFFY J.

This action was instituted by John Clark and wife against A. S Hart, seeking to recover on account of injuries sustained by reason of appellee's leaving a wagon bed so near a passway that it scared appellant's horse, and caused it to run away. The material allegations of the petition are as follows: The plaintiffs say that on the 9th of August, 1893 they resided on their own premises, and that the only passway they had to get to the turnpike, to go to and from Mt. Sterling (the county seat of Montgomery county), was through the land of Minerod Byrd, over which land there was a passway out, by the house of said Byrd; that the defendant, Hart, had that part of the said Byrd's land rented through and over which said passway ran, over which this plaintiff had a right to pass to get to the public road leading to Mt. Sterling; and that the defendant, Hart, on or about said 9th of August, 1893, wrongfully, negligently, and carelessly placed a blue wagon bed in the weeds near said passway that ran through said land, and over which these plaintiffs had to pass, and negligently and carelessly set said wagon bed so near said passway that, while plaintiff Julia was passing along said passway, it frightened plaintiff John Clark's horse, which was hitched to his buggy, and driven by his said wife, Julia Clark, and said horse ran off with said buggy, and ran against the fence, threw plaintiff Julia Clark out of said buggy and against the fence. The petition also shows that said buggy was destroyed, and plaintiff Julia seriously injured. Defendant filed a demurrer to the petition, which demurrer was sustained by the court, and, plaintiffs failing to plead further, the petition was dismissed. To reverse that judgment, this appeal is prosecuted.

In order to authorize a recovery for injuries sustained by the carelessness or negligence of a defendant by reason of the placing of obstacles in or near a passway, such as referred to in this action, the petition...