Salt River Valley Water Users' Ass'n v. Berry

J. T. Berry brought this action against the Salt River Valley Water Users’ Association for personal injuries alleged to have been suffered when his horse stepped into an open telephone hole left by defendant and fell, thereby throwing plaintiff to the ground, injuring his back and shoulders, his spinal column, spinal cord and spinal nerves, and his abdominal and thoracic viscera.

Defendant’s answer consisted of a general denial and an allegation that plaintiff’s injuries were caused solely by plaintiff’s fault and negligence in this, that plaintiff knew of said hole and rode his horse…