Malcolm

This action was brought by plaintiff, a girl fifteen years of age, against defendants William S. Tevis, Jr., and Herbert Gordon, to recover damages for personal injuries. Plaintiff obtained judgment in the sum of $500 against both defendants upon a trial by jury. Defendant Tevis alone appeals from the judgment.

There is a conflict in the evidence in certain respects, but the facts hereinafter set forth appear in the testimony most favorable to respondent. Defendant Tevis was in the business of renting saddle-horses and defendant Gordon was one of his employees. Among the horses owned by Tevis was one called Mickey which was known as a “cold jawed” horse or in other words one that had practically no feeling in his mouth and was therefore hard to manage. He was not a kicking or biting horse, but would run away if he could. It was one of the duties of defendant Gordon to exercise the horses. On the evening in question, defendant Gordon was directed by the manager of the stable to take this horse out and exercise him by giving him a long, slow ride. Defendant Gordon had been given instructions to permit no person other than himself to ride any horse belonging to defendant Tevis while…