Francis Eugene Swann and Ellen T. Swann v. David W. Ashton, Doing Business as 'Wells Fargo,' and Buckskin Joe, Inc.

PICKETT, Circuit Judge.

Francis Swann and Ellen Swann, husband and wife, brought this action to recover damages for personal injuries sustained while riding horses rented from the defendant Ashton. Two alternative causes of action are alleged. The first is based upon allegations of negligence of defendants in connection with the horseback ride, and the second upon breach of warranty, express and implied. This appeal is from a judgment for the defendants following a jury verdict.

During the summer of 1959, defendant Ashton was operating a horseback riding concession under an agreement with the…