Bocker

Kathryn Bocker, a minor, by her father as her guardian ad litem, and her father, Verlin G. Bocker, on his own behalf, brought this action against defendant for injuries sustained when defendant’s horse, upon which the father and Ms daughter were mounted, reared up and came over backwards on top of them. The suit was based on two separate theories: (1) negligence and (2) ownership of a vicious and dangerous horse known to be such by the owner. After presentation of plaintiffs’ case, the trial judge granted defendant’s motion for nonsuit against both plaintiffs. As to the father, the grounds were (a) no evidence of the horse being “vicious,” (b) no evidence of negligence, i.e., no evidence that the horse had propensities which would make him unsafe to ride by an adult of which the defendant knew and did not warn plaintiff father, and (c) if there were, plaintiff father was as a matter of law guilty of contributory negligence and assumption of risk. As to the daughter, the grounds were (a) no evidence that the horse was a “vicious” animal, and (b) no evidence of negligence.

“ The granting of a motion for nonsuit is warranted . . . when, and only when, disregarding conflicting…