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RUTHERFORD v. REILLY

Docket No. 17922.

104 Cal.App.2d 629 (1951)

232 P.2d 34

BERT A. RUTHERFORD, Respondent, v. LEO REILLY et al., Defendants; SLEEPY HOLLOW RIDING ACADEMY, INC., Appellant.

Court of Appeals of California, Second District, Division One.

June 8, 1951.

Attorney(s) appearing for the Case

I. Henry Harris, Jr., Robert J. Magdlen and Marvin Wellins for Appellant.

Tudor Gairdner for Respondent.

HANSON, J. pro tem.

The question here presented is whether the operator of a boarding stable for horses is liable for injuries caused by a horse which escaped from its box stall while its owner was in the act of placing a halter on it preparatory to exercising the horse. Unlike the trial judge we fail to see any legal liability.

The controlling facts are undisputed. The defendant riding academy is engaged, among...

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