This section contains the nature of the case and procedural background.

P turned his mare and colt out in the pasture of a neighbor. Other horses occupied the pasture during the season, including D's three-year-old colt. P went to the pasture to grain his mare and while so doing, was kicked by D's horse and seriously injured. This action on the case is brought to recover damages for such injuries and, after verdict for the P, is before this court on a general motion. D knew of his horse's vicious tendencies and P sued under strict liability. D pleaded contributory negligence as a defense.

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