TINDALL v. ELLENBERG


281 A.D.2d 225 (2001)

722 N.Y.S.2d 16

CAROLE L. TINDALL, Appellant, v. SHEPPARD ELLENBERG, Respondent.

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

Decided March 13, 2001.


Plaintiff asserts that she sustained personal injuries when, participating in a fox hunt, defendant's horse kicked as plaintiff was attempting to pass it, causing plaintiff to fall from her horse. Plaintiff argues that she did not assume the enhanced risk of defendant's recklessness. However, the offending horse was clearly marked for its propensities with a red tail ribbon in conformity with the custom of the sport. The risk that defendant's horse would kick if crowded was...

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