Russell v. Holder
Supreme Court of Iowa
Appeal from Marshall District Court. — Hon. G. W. Burn-ham, Judge. Action to recover damages for injuries due to the vicious conduct of defendant’s horse, which plaintiff, at the time of receiving the injury, was riding under an arrangement with defendant. Yerdict for plaintiff, and judgment thereon, from which defendant appeals. —
1Opinion of the Court
McClain, J. —
Appellant’s complaint is that while the petition alleges as basis for recovery false representations of defendant as to the docility of the horse, 'whereby plaintiff was induced to ride him, the court in its instructions allowed recovery if the jury should find that, with knowledge of the vicious character of the horse, defendant requested plaintiff to ride him, or permitted plaintiff to ride him, without acquainting him with the fact. The court did not, however, submit the question of false repre*189sentations, but only that of negligence, and the allegations of the petition cover…
2Cited by2 opinions
- Barnes v. GallSupreme Court of Iowa · 1960
- Coleman v. Iowa Railway Light & Power Co.Supreme Court of Iowa · 1920