Griffith v. Schmidt

BAKES, Justice.

A jury found plaintiff 80% contributorily negligent in a collision between her car and defendants’ horses which were loose on the highway at night. The trial court granted a new trial to plaintiff, which ruling the defendants have appealed. Defendants also appealed the giving of certain jury instructions in the event that the grant of the new trial is affirmed.

On the evening May 3, 1979, plaintiff, then eighteen years old, helped to organize a Saturday night party at a sportsmen’s access to the Big Lost River off U.S. Highway 93, approximately 3 miles north of Mackay, Idaho.…