Ellertson v. Dansie

CROCKETT, Justice:

Plaintiff Wells E. Ellertson sued the defendants for personal injuries he sustained in attempting to untangle the defendants’ horse from a chain with which he alleges the defendants had negligently tied it to a post in their yard. Upon the basis of the submissions, i. e., the pleadings, interrogatories and depositions, the trial court granted defendants’ motion for summary judgment. Plaintiff appeals.

On the afternoon of June 24, 1975, defendant Marjorie Dansie telephoned plaintiff Wells Ellertson, who lives about two blocks away in their home town of Mona, telling him that…