Roots v. Claremont Riding Academy, Inc.
| Decision Date | 04 June 1964 |
| Citation | 251 N.Y.S.2d 475,14 N.Y.2d 827 |
| Parties | , 200 N.E.2d 457 Erika ROOTS, Appellant, v. CLAREMONT RIDING ACADEMY, INC., Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, First Department, 20 A.D.2d 536, 245 N.Y.S.2d 172.
An action was brought for personal injuries sustained by a student who fell from a horse at the defendant's riding school.
The Supreme Court, Special and Trial Term, New York County, Rocco A. Parella, J., gave judgment on a verdict for the plaintiff, and the defendant appealed.
The Appellate Division held that the evidence was insufficient to establish that the defendant and its employees were negligent in knowingly causing the plaintiff to use a horse unsuitable for use by students learning to jump, and reversed the judgment and dismissed the complaint.
The plaintiff appealed to the Court of Appeals.
Henry Wimpfheimer, New York City, for plaintiff.
Eckhaus, Eckhaus & Pierce, New York City (Joseph Eckhaus, Philip Pierce, New York City, of counsel), for defendant-respondent.
Order affirmed, with costs.
All concur.
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