Kersten v. Young

P1aintiff instituted this aeti&n to recover darnages for personal injuries sustained by him as the result of being thrown from a horse hired from defendant corporation, which owned and operated a riding academy and stables. The complaint contained two causes of action, the first of which alleged negligent hiring of the horse by defendant to plaintiff, while the second charged a breach of warranty of suitability of the horse hired by plaintiff from defendant.

By his complaint plaintiff alleged that he was an unskilled rider, incapable of riding any horse other than a gentle and dependable one.…