Learn v. Bicentennial Wagon Train

Weinstein, J.,

dissents and votes to reverse the judgment and grant a new trial, with the following memorandum: Defendant Norman Deep was the driver of one team of horses within the defendant Bicentennial Wagon Train. Deep had been advised by a veterinarian not to use a horse named Gertrude on the day of the incident in question; Gertrude had sores on her neck at the place where her collar would rest. Nonetheless, Deep elected to participate in the wagon train with Gertrude as part of his team of horses. Immediately upon Deep’s horses’ entering the public thoroughfare, where a crowd of…