Robert L. Hargrave v. E. G. Wellman, Doing Business as Wellman Enterprises
Opinion
Opinion
Hamley, J.
Dr. Robert L. Hargrave brought this diversity action to recover damages for personal injuries sustained during a horseback ride in Glacier National Park, Montana. Extreme trauma to Hargrave’s back was alleged to have resulted in a compression fracture of the tenth thoracic vertebra. Damages in the sum of $206,000 were sought against the defendant, E. G. Wellman, doing business as Wellman Enterprises.
Judgment was entered for defendant on a jury verdict. Appealing to this court, plaintiff argues that the trial court erred in instructing the jury on assumption of risk, in failing to give a requested instruction on hiring of animals as a bailment, and in denying plaintiff’s motion to amend the complaint.
Hargrave and his daughter Ann rented horses from appellee at Many Glacier Hotel in the park for a ride to Lake Josephine to take pictures. The two were led by a guide, Virgil T. Dillon, on another horse. Dillon was employed by appellee. The mile-and-a-quarter ride along a trail to Lake Josephine was made without incident. The three stayed at the lake about fifteen minutes, during which Hargrave dismounted and took several pictures.