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SWANN v. ASHTON

No. 7304.

327 F.2d 105 (1964)

Francis Eugene SWANN and Ellen T. Swann, Appellants, v. David W. ASHTON, doing business as "Wells Fargo," and Buckskin Joe, Inc., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 13, 1964.

Attorney(s) appearing for the Case

Frank G. Stinemeyer, Denver, Colo. (M. Keith Singer, Denver, Colo., on the brief), for appellants.

Robert B. Yegge, of Yegge, Hall & Shulenburg, Denver, Colo., for appellee David W. Ashton.

John Stump Witcher, Canon City, Colo., for appellee Buckskin Joe, Inc.

Before PICKETT, LEWIS and BREITENSTEIN, Circuit Judges.

PICKETT, Circuit Judge.

Francis Swann and Ellen Swann, husband and wife, brought this action to recover damages for personal injuries sustained while riding horses rented from the defendant Ashton. Two alternative causes of action are alleged. The first is based upon allegations of negligence of defendants in connection with the horseback ride, and the second upon breach of warranty, express and implied. This appeal is from a judgment for the defendants following...

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