Sawyer v. Lund

The case, so far as it needs be stated, involves only the questions of contributory negligence and assumption of risk. There is no substantial dispute in the evidence. We think that the trial court should have sustained appellant’s motion to direct. Out of his own mouth appellee proved that he assumed the risk of the position he voluntarily took in the sales ring.

Appellant maintains a sales pavilion in Mason City in which horses are sold. The actual selling is done in what is called the “sales ring.” This is approximately 13 feet by 34 feet in dimension. Horses to be sold are led at a brisk…