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SMITH v. ANIMAL FARM

No. 4349.

99 N.H. 243 (1954)

GORDON SMITH, by his father and next friend, & a. v. BENSON'S WILD ANIMAL FARM, INC.

Supreme Court of New Hampshire.

Decided October 29, 1954.

Attorney(s) appearing for the Case

Aaron A. Harkaway and Morris D. Stein, for the plaintiffs.

Wyman, Starr, Booth, Wadleigh & Langdell and Stanton E. Tefft (Mr. Tefft orally), for the defendant.

LAMPRON, J.

Considering the evidence for the plaintiffs as true and most favorably to them (French v. York, 99 N.H. 90, 91) it appears the jury could find the following: Sometime in April, 1949, Gordon Smith, eight years of age, was kicked in the back of the right knee by a rather large pony (about 5 feet 2 inches in height). The incident occurred "down back of the barn" on land leased to Benson's and maintained by it...

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