#### Theodore G. Warden, Plaintiff in Error, v. Thomas McInerney, Defendant in Error.

Gen. No. 18,297.

(Not to be reported in full.)

Error to the Municipal Court of Chicago; the Hon. Thomas F. Scully, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1912.

Reversed and remanded.

Opinion filed December 31, 1913.

Statement of the Case.

Action by Theodore G-. Warden against Thomas Mc-Inerney to recover for damages to plaintiff’s automobile claimed to have been caused by a horse belonging to defendant which had ran' away because it was negligently left in Washington Park without being securely fastened, as required by the ordinances of the city of Chicago and of the South Park Commissioners. 'The case was tried by the court without a jury. Prom a judgment in favor of the defendant, plaintiff brings error.

Elbert C. Ferguson, for plaintiff in error.

Thomas J. Healy and Daniel M. Healy, for defendant in error.

*428Abstract of the Decision.

1. Appeal and error, § 181 * —when court’s refusal to marie propositions of law reversible error. Arbitrary refusal of a judge of the Municipal Court to mark proper propositions of law either “held” or “refused” when presented in time is reversible error.

2. Trial, § 297 * —propositions of lato. A proposition of law announcing that proof of the violation of an ordinance resulting in an injury establishes a prima facie case of negligence on the part of the one violating it, held to announce a correct rule of law applicable to the case.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Presiding Justice Graves

delivered the opinion of the court.