Franken v. City of Sioux Center

LARSON, Justice.

Plaintiff appeals from an adverse judgment of the district court in a claim for personal injuries resulting from bite of a tiger owned by defendant city. We reverse and remand for new trial because of errors of the trial court in its instructions to the jury.

The issues presented for review are: (1) whether the trial court properly instructed the jury as to the defense of assumption of risk; (2) whether the court erred in refusing to grant plaintiff’s “pet” instruction to the effect that persons in the vicinity of supposedly tamed animals are entitled to assume they will not…