Smith v. Benson's Wild Animal Farm, Inc.

Considering the evidence for the plaintiffs as true and most favorably to them (French v. York, 99 N. H. 90, 91) it appears the jury could find the following: Sometime in April, 1949, Gordon Smith, eight years of age, was kicked in the back of the right knee by a rather large pony (about 5 feet 2 inches in height). The incident occurred “down back of the barn” on land leased to Benson’s and maintained by it for the occupancy of its general manager and its superintendent as part of their compensation. The barn thereon was used as a garage for its beach wagon used exclusively by Mrs. Vera…