MIRABELLA v. THIEM


280 A.D. 1031 (1952)

Frank Mirabella, Respondent, v. Alvin F. Thiem, Doing Business under the Name of Pine Tree Riding Stables, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 7, 1952.


Judgment reversed on the law and facts, with costs, and complaint dismissed, with costs.

Memorandum:

Plaintiff, while riding a horse rented from the defendant's Pine Tree Riding Stables, was kicked by another horse named Calico rented from the same stable by a Miss Cotton. For the injuries sustained plaintiff recovered a verdict of $5,500 upon which a judgment was thereafter entered in the sum of $5,766.75. Defendant appeals. The evidence discloses that plaintiff...

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