JOE R. VIDRINE, Judge.
This is a suit by Lucius Forsyth, the owner of a race horse, "Buster Jim Boy", for damages occasioned by the horse's death. On September 14, 1959 this race horse was training on the Jefferson Downs Race Track when upon reaching a spot where a section of the inner railing had been removed, and had not been replaced, the horse swerved into the opening and disemboweled himself on the iron post.
In the trial on the merits in the court below...
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