Vaclavicek v. Olejarz

Plaintiffs sued for damages suffered when an unattended horse owned by defendant collided with an automobile in which plaintiffs were riding. The jury found for defendant, and the Appellate Division affirmed in an unreported opinion. We granted certification. 60 N. J. 510 (1972).

Defendant’s farm abuts a highway on which the speed limit is 50 m.p.h. He trains quarter horses as a hobby. On the evening in question he placed two horses in a corral so that he might clean their stalls in the barn. Defendant himself built the corral, erecting a fence made of wooden posts and boards with some strands…