Mateas

Elmer Mateas brought suit in California against Fred Harvey Corporation to recover damages for personal injuries allegedly sustained by being thrown from a mule belonging to the corporation. The case is in the federal court because of diversity of citizenship. At the close of the plaintiff’s case, the court, sitting without a jury, granted defendant’s motion for a judgment of dismissal and plaintiff appealed. This court reversed the judgment and remanded the case for a new' trial. 146 F.2d 989 . The second trial was to the court and jury and resulted in a verdict for the plaintiff and we are now considering the defendant corporation’s appeal from the judgment entered in accordance therewith. For clarity we shall generally refer to the defendant-appellant as Harvey and to plaintiffappellee as Mateas.

Harvey maintained a resort hotel on the south rim of the Grand Canyon in Arizona, and in conjunction therewith maintained mules for rental to. excursionists on trips into the canyon. The trips were customarily made iri groups, each of which was led on the trail by an experienced guide. Before the start, the guide, together with the trail foreman, assigned a mule to each individual…