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Tolin v. Terrell

117 S.W. 290 (1909)

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Tolin v. Terrell

Kentucky Court of Appeals

117 S.W. 290 (1909)

Facts

L. R. Terrell (plaintiff) sued S. W. Tolin (defendant), the owner and operator of a ferryboat, for personal injuries that Terrell received when he drove his wagon that was hitched to a team of mules onto Tolin’s ferryboat. Terrell drove his team of mules to a place where they could not be reached by any of the ferry horses, but because of a leak, a ferryboat employee had Terrell move his mules alongside, and in biting distance, of a gray mare. After that, Terrell unhitched his mules so the mules could be free if an accident occurred. Terrell then moved to the end of the boat for most of the passage. When the boat was almost across the river, Terrell moved to hitch up his team. Terrell’s lines had dropped while he was at the back of the boat, and as he picked them up to reattach them, the gray mare stuck her head out and bit the mule, and the mule then kicked Terrell who was severely and permanently injured. Terrell alleged that Tolin was negligent for failing to have a screen or guard between the gray mare and stock that might be loaded on the boat, and this coupled with knowledge of the gray mare’s vicious tendency was the proximate cause of Terrell’s injuries. The jury returned a verdict for Terrell and awarded him $5,500 in damages. Tolin appealed.

Rule of Law

Issue

Holding and Reasoning (Clay, J.)

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