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Williams (P) were with their horse and cart when Holland (D) struck them in a gig. P alleged that D was negligent in the direction of his gig and was totally responsible for the accident. Evidence showed that P was standing at the side of a 24-foot wide road with the near wheel on the footway when D who was racing in his gig against another destroyed P's cart and injured his children. D claimed that his horse ran away with him and the matter was sent to the jury. The jury gave the verdict to P. The jury also found that the action was misconceived and ought to have been trespass instead of case. A nonsuit was entered, and P appealed.

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