RUSSELL v. DOWNING

No. 6981.

114 N.H. 837 (1974)

CATHLEEN M. RUSSELL & a v. MARY DOWNING, INDIVIDUALLY AND d.b.a. ANDERSON'S RIDING STABLE.

Supreme Court of New Hampshire.

December 31, 1974.


Attorney(s) appearing for the Case

James A. Connor, by brief and orally, for the plaintiffs.

Murphy & Deachman for the defendants, filed no brief.


GRIMES, J.

The main issue in this case is whether defendant's motion to dismiss because of the lack of evidence that defendant was the owner or operator of the riding stable was improperly granted. We hold that it was.

Plaintiff Cathleen Russell, then age eight years, was injured on July 15, 1964, while riding a horse on premises known as Anderson's Riding Stable when her leg came in contact with the branch of a tree. Suit was brought by her mother, Carol...

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