The Princeton union. [volume] (Princeton, Minn.) 1876-1976, 1907-01-10
DOG FOUND GUILTY.
.,ustice Chadbourne Sums Up Points il
kallher-Hanson Lawsuit.

trled before Justice ChadbOurne on
Friday and a decision rendered on
Monday. Damages were assessed at
$50, half to be paid by Hanson and
half by Kaliher, Hanson, however, to
pay the costs of the suit. The action
grew out of runaway smash-up, in
which Kaliher sued Hanson for S42
damages to cutter, etc. Hanson
brought a confederation for $50 per-
sonal damages. Justice Chadbourne
gives the following summary of the
case:
Hanson hired the rig and took
young lady for sleigh ride. At
Brickton a dog ran from a ward.
chased the horses and barked at them.
causing them to break from control.
In the flight Hanson and companion
were pitched into ditch and the cutter
smashed to pieces. Kaliher demanded
pay for the cutter, but Hanson, upon
advice of friends, refused to comply
upon the grounds that the horses we're
notable runaways, and, believing that
he was being imposed upon, became
| indignant and declared that he would
fight the case to finish. Kaliher
thereupon brought suit against Han
son, charging carelessness and negli-
gence in letting the team get away.
Hanson answered by charging the
plaintiff with giving him team which
he we'll knew to be vicious, unreliable
and noted for runaway proclivities
and claimed personal damages.
Plaintiff produced number of wit
nesses, male and female, who had
driven the team night and day, and
Who had during such times encoun-
tered objects which would scare horses
which were inclined to be runaways.
These witnesses testified that the
horses were tractable and of gentle
disposition: Kaliher and Cravens
testified that they had owned the horses
four or five years, that the animals
had never ran away before, and that
they considered them safe. Thos.
Kaliher said that he had given these
animals to Hanson for the reason
that the plaintiff was an inexperienced
horseman. Hanson introduced wit
nesses to prove that the horses ran
away four or five years ago, or before
Kaliher & Cravens owned them. De-
fendant testified that he put forth all
his energy to control the animals and
endeavored to steer them clear of OBJ
structions, but that he could make no
Impression upon them, and that he did
not get ratified before he and his CON-
panion were thrown out of the cutter.
The young lady who was with him at
the time corroborated this statement
and said that he was holding the reins
with both hands when the dog ap-
peared upon the scene. She also took
hold of the lines to assist, but plaintiff
requested her to let go.
"After listening to eighteen wit
nesses in this case I concluded that
the only one to blame was the dog or
it's owner. The horses had ran away
four or five years ago, but had re-
formed since coming into the posses
sion OF Kaliher & Cravens, and that
Kaliher was justified in calling the
horses 'safe.' It is possible that the
dog in this case had a different bark
from all other dogs-a bark peculiar
to itself-and that this peculiar sound
startled the animals. It might also
be concluded that Hanson did his
utmost to stop the runaway team and
that an experienced horseman might
have averted the smash-up. The
liveryman, on the other hand, as
sumed some esponsibility in renting
to Hanson team of any sort.
therefore, from the evidence adduced,
consider the matter as purely an &C
cident for which neither party to this
suit can be properly blamed, and that
the right way for the contestants to
proceed is to divide the damages
equally between them. I consider that
there was no good cause for quar-
rel, and believe that had not outside
parties interfered-had not Hanson
been ill-advised-the matter would
have been amicably settled. My rul-
ing is that each party to the action
pay one half of the damages, which I
compute at $780, and that the defendant
Hanson be held responsible for the
costs of the suit. -
A FARMERS PROTEST..