Getlar v. Rubinstein

There is evidence in the case to sustain the jury’s finding that the kicking and whipping by Pfisterer of the horse on which the infant plaintiff was mounted was a willful and wanton act, for which she may recover whether she was an invitee or a mere gratuitous licensee. The only other question is whether there is evidence to support the finding that the defendant Rubinstein was responsible for Pfisterer’s conduct. Because of my doubt on that question I reserved decision on the motions to dismiss and submitted the case to the jury.

A careful review of the facts submitted on the trial now…