Troop a Riding Academy v. Miller

The contentions of the plaintiff in error may be reduced to two:(1) That there was no evidence upon which the jury might properly base a verdict for the plaintiff.(2) That the trial court erred in refusing to charge the jury as specially requested by the defendant.

Was there any evidence to go to the jury? The claim of the plaintiff below that the defendant was guilty of fault or negligence rested entirely upon two circumstances; namely, that the horse upon being ridden into the arena persistently moved his head up and down and sidewise, and that the groom, Clark, told the plaintiff, after…