On This Date in Minnesota History: February 9

February 9, 1903 – The right of a horse to kick a man when being mistreated was established in a decision filed today by Judge Hine of the St. Paul municipal court.

W. J. O’Hearn, recently employed by Edward D. Donahue, a grocer, brought suit for $250 damages for injuries sustained by being kicked by one of defendant’s horses.

While driving the animal one day he hit it several blows with a whip, in recognition of which the horse planted its heels in O’Hearn’s stomach and face, causing him to forget who he was for several minutes.

He declared that his employer had not warned him of the nature of the horse he was driving. Judge Hine found that the driver had been warned regarding the facts, but intimated that this would make no difference, in view of the manner in which he was treating the animal.

The Saint Paul Globe; “Beaten Horse May Make Kick. Judge Hine Decides That Equine May Retaliate When Whipped.”; Feb. 10, 1903; p. 2.

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