House v. Tappan

The plaintiff has been defeated by a jury verdict in an action brought to recover damages for personal injuries received from being kicked by a horse owned by defendant. The instant motion is for a new trial. (Civ. Prac. Act, § 549.)

Plaintiff and defendant frequently rode together. On the *608evening of May 24, 1945, defendant’s horse “ Gypsy ” kicked, injuring plaintiff’s foot. Proof was offered to effect that “ Gypsy ” had kicked at another rider the week before, and had attempted to bite the plaintiff on an occasion when he was in the stall feeding the horse. The weakness of plaintiff’s case…