Legal Opinion · Dissent

Gordon ex rel. Gordon v. Hardgrove

New Mexico Supreme Court

Decided December 23, 1958No. 6468Published

1DissentMcGHEE, Justice

I do not agree that the evidence in the record supports a finding that the plaintiff was immature with relation to the handling of horses and that he did not assume the ordinary risks incident to his employment.

At the time of injury he was 19 years old but he started breaking shetlands at the age of 12 and later broke ordinary horses. Also, he took part in rodeos for three years. Both the plaintiff and his father testified to the effect that the plaintiff knew the nature of horses and appreciated the risks involved in riding them. The evidence clearly brings out that any strange horse might…

2Cases cited2 opinions

  1. Jacobson's CaseMassachusetts Supreme Judicial Court · 1924
  2. Herbert v. GreenbaumMassachusetts Supreme Judicial Court · 1924

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