Smith v. Hooper

Upon the exceptions to the denial of his motions for a nonsuit and a directed verdict the defendant admits his duty of care but denies any force of the evidence to show its breach. The breach alleged is his failure to use care in enforcing his rule that the liders should not carry whips.

A spectator at the show testified to seeing “some of the riders” in the ring with whips. The plaintiff and the boy who struck her horse each had one, according to her testimony. The defendant’s personal assignment was to “look out for the horses and the riders” and in the ring during the contest was his…