Evans v. Upmier

Plaintiff’s action is based upon a claim for damages growing out of injuries received by him on June 3, 1942, while riding a horse belonging to the defendant, at the riding academy of the defendant in Johnson County, Iowa. Plaintiff’s petition was in two counts. The first count was based upon an express or implied warranty that the.horse hired by the plaintiff for riding purposes was fit, safe, and suitable for such purpose. Count 2 was based upon the negligence of the defendant in furnishing plaintiff with a riding horse having vicious and unmanageable propensities.

When plaintiff rested he…