SANDY V. BUSHEY
Sup. Ct. of Me., 124 Me. 320, 128 A.513 (1925)
NATURE OF THE CASE: Bushey (D) brought a motion for a new trial after a jury found in
favor of Sandy (P) in P's action to recover damages for personal injuries resulting from
being kicked by a horse owned and kept by the owner.
FACTS: P turned his mare and colt out in the pasture of a neighbor. Other horses occupied
the pasture during the season, including D's three-year old colt. P went to the pasture to
grain his mare and while so doing, was kicked by D's horse and seriously injured. This
action on the case is brought to recover damages for such injuries and, after verdict for
the P, is before this court on a general motion. D knew of his horse's vicious tendencies
and P sued under strict liability. D pleaded contributory negligence as a defense.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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