Rutherford v. Reilly

HANSON, J. pro tem.

The question here presented is whether the operator of a boarding stable for horses is liable for injuries caused by a horse which escaped from its box stall while its owner was in the act of placing a halter on it preparatory to exercising the horse. Unlike the trial judge we fail to see any legal liability.

*630The controlling facts are undisputed. The defendant riding academy is engaged, among other things, in boarding horses for their owners in its stables—adjacent to which is a riding ring. At the time here involved and for some two months prior thereto the defendant was…