Dorobek

This is an appeal by defendant from a verdict for plaintiff following a jury trial. The action is one for personal injuries, including medical expenses.

The defendant urges the following contentions on appeal;

The facts are recited herein in the light most favorable to defendant in order to answer contention A. Development of facts relative to the other contentions will be extended as necessary for their individual consideration.

Plaintiff, in the company of a young man (hereinafter referred to as "Varolli), went to defendant’s riding stable on June 26, 1962 for the purpose of renting a horse to ride in the area of Griffith Park. Plaintiff had rented and ridden a horse from defendant’s stable four or five times previously over past years. She was not an experienced horsewoman and had never had riding lessons, though she had some verbal instructions in the art of riding.

On arrival at defendant’s stable, she requested the same horse she had ridden previously. The horse, Kro, was not available. She requested a horse of like gentle character, and a horse, presumably Joker, was produced. Joker was saddled with a western saddle. Varolli obtained a horse similarly saddled, and they…