Rensselaer Semi-Weekly Republican, Volume 19, Number 26, Rensselaer, Jasper County, 3 December 1897 — The One Horse Case. [ARTICLE]
The One Horse Case.
The graat one horse law suit was decided Tuesday afternoon, by Squire Burnham, On the evening of Nov. 15th, while Theodore Potter, who lives in the country, but was doing teaming work, on the court house yard filling job, was driving down Plum street, in the east part of town, with a load of hay. At the crossing of Scott street his horses stopped, where the waterworks men had been laying pipes. He struck his horses and they tried to jump the ditch, but landed in it with their hind feet, and a valuable mare was ruined.
Potter sued J. H. Synon & Co., contractors for the pipes, for the value of the horse, §75, and for $2.50 per day for loss of his time. The trial lasted three days last week, and the evidence was voluminous and contradictory. Two men swore they had filled the trench and rounded it up. Another man, the last one to leave the trench, said it w r as only partly filled. Synon & Co, claimed contributory negligence on the part of Potter, in that he knew the trench was there, and also that his horses had stopped when they came to it, and lie had slapped them with the lines, and forced them to attempt to cross it. It was dark and raining at the time, aud there was no light at the place. The Squire’s decision was in favor of Potter to the extent that he was given judgement for $75, the value of the horse, but allowed nothing on his claim for damages for lost time.
