Nikolas v. Kirner

This action at law was commenced by plaintiff, an experienced jockey or horseman, against the defendant-owner of a race horse named Danny Meade, for injuries the plaintiff received while exercising the horse. The trial court directed a verdict for defendant at the conclusion of plaintiff’s evidence, and plaintiff appeals. The motion to direct was sustained generally as to all grounds, but the complaint made to us is that the court erred in holding (1) as a matter of law that plaintiff was not an employee of defendant at the time of the accident, (2) that the question of defendant’s negligence…