Roots v. Claremont Riding Academy, Inc.

Judgment entered in plaintiff’s favor on December 21, 1962, in the amount of $15,235.40, unanimously reversed, on the law, and the complaint dismissed, with costs. The plaintiff recovered a judgment for injuries sustained as the result of a fall from a horse while she was a student at the defendant’s riding school. To sustain her cause of action the plaintiff relies on the theory that the defendant and its employees were negligent in knowingly causing her to use a horse unsuitable for use by students learning to jump. The plaintiff has the burden of demonstrating such “unsuitability” and the…