Pepper v. Bishop

Plaintiff brought this action to recover damages for injuries sustained by him when his automobile struck a horse owned by defendant. Jury verdict was for defendant. Plaintiff appeals from the ensuing judgment.

Defendant owns and operates a thoroughbred breeding farm which fronts on the north side of the Salinas-Monterey highway. A fence 8 to 10 feet high borders the roadway along defendant’s property and surrounds the entire farm. There is also a fence along the south side of the road. Within defendant’s outer fence was a 30-acre field, also fenced, in which a number of mares were kept.

At…