SOWLES V. MOORE
26 A. 629 (1893)
NATURE OF THE CASE: Sowles (P) appealed from a verdict and judgment in favor of Moore (D)
in P's action for negligence.
FACTS: P sued D for trespass on the case to recover the value of a pair of horses, which
were drowned in Lake Champlain. P's son had been driving a sled onto the frozen lake on the
day of the accident. In turning the team around the sled slewed and brought the pole against
the horses' legs, frightening them. They escaped from the driver and ran rapidly from forty
to sixty rods and into the opening in the ice created by D, which was twenty to thirty feet
long by forty to sixty feet wide, and but little guarded. A statute imposes a fine upon
persons who, in localities where people are accustomed to travel, make openings and do not
place suitable guards around them. The jury found the opening was not properly guarded, and
that P's servant was in the exercise of due care in respect to the team and the management
of it. The issue was whether in fact a properly guarded hole would have stopped the horses.
The court submitted such instructions to the jury. D got the verdict and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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