O'Brien v. Gateway Stables

MOORE, P. J.

Respondent recovered judgment against appellant, Llewellyn Phillips, Jr., for his negligence in assigning to, and allowing her to ride, Roxan, knowing (1) the beast to be a blooded and spirited mare and (2) respondent to be an inexperienced rider. She had sued appellant’s father who operated the Gateway Stables and his uncle, the animal’s owner, but they were both exculpated by the decision. While not disputing the. propriety of the amount of the award, appellant demands a reversal on the grounds that (1) neither the findings nor the conclusions justify the judgment and (2) the evidence does not warrant the finding of any negligence on the part of appellant.

Appellant’s father, herein referred to as Senior, had been for some years prior to November 30, 1948, owner of Gateway Stables near San Pedro. He boarded the horses of his patrons and kept two horses which he rented as an accommodation to such patrons as were accompanied to the stables by persons who desired to ride. Appellant’s uncle, Leslie Phillips, had owned Roxan since she was two years old. While she could boast of some pure blood registered stock, she came from a dam of no pedigree, but better than the ordinary saddle horse. Her disposition was kindly and quiet; and she had never bucked from the time Leslie first saddled and rode her. She had been brought from a 500-acre pasture to Senior’s stables three or four weeks prior to the accident of November 28, 1948. She had been at the stables on two prior occasions. Roxan was first bred there in 1945 and her foal was delivered November 11, 1946. In June, 1947, having become separated from her colt, she ran into a truck while attempting to rejoin her progeny.

A few days prior to respondent’s last visit to the stables, appellant arranged for her to have dinner at the home of his parents and to go horseback riding. He called for her about 4:30 p. m. at her place of business in San Pedro and drove to the Gateway Stables. His own horse being already under saddle, appellant selected Roxan for respondent as a good horse for her to ride. She looked on as Roxan was saddled

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in the barn and anticipated no evil results from the ride. Although appellant had never seen respondent ride, and they had never discussed her riding ability, she told him of one horse that had run away with her.