Nature of the Case
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Facts
Four of D's horses jumped the fence. Two of the four animals were captured and secured with halters. The remaining two horses, a gray and a colt, avoided capture attempts. D then instructed his helper to lead the captured animals back to their pasture. The helper led the two bridled horses down the unpaved driveway toward the public highway. The two animals which had avoided capture fell in behind and followed the two bridled animals. Although the two uncaptured horses were immediately in front of D's truck, neither he nor his helper attempted to secure them with halters prior to proceeding onto the public highway. P's automobile appeared around a curve in the highway and approached them. The horses were apparently startled by the headlights of the oncoming car and the two unbridled animals bolted into the road. P's automobile struck and killed the colt. At the time of the collision, P had another automobile in tow with a chain and was apparently obeying the speed limit. P sued and D counterclaimed. The jury rendered a verdict for the P. D appealed.
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