Riordan

This is an appeal prosecuted by the plaintiff from an order granting the defendant a new trial.

The action was brought to recover damages for personal injuries caused through the alleged negligent and careless manner in which a certain horse attached to a buggy was managed by the defendant through its superintendent Fagan, by reason of which the horse ran away and collided with a buggy in which plaintiff was riding, thereby inflicting upon him the injuries complained of.

Plaintiff alleges that on the eleventh day of December, 1901, the date upon which the accident happened, the defendant, in the conduct of its business, used and employed a certain horse and buggy; that on said date said horse and buggy were in charge of said Fagan, a servant of the de fendant, and were so carelessly and negligently managed and attended to by him that the said horse ran away and collided with the buggy in which plaintiff was seated, throwing him to the ground and thereby causing the injuries complained of.

Defendant denies that on the day in question, or at any other time, the defendant, by its servant Fagan, or any other servant, carelessly or negligently managed or attended said horse; denies…