JEFFORDS, Chief Justice.
This is an action of tort in which the plaintiff had a verdict and judgment below and the case is here on the defendant's exceptions.
The material allegations in the plaintiff's complaint are, in substance, that when he was operating his automobile on a certain highway in the night time it was in collision with a horse owned by the defendant which was loose and unattended on the highway due to the negligent and unlawful acts and omission...
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