MacHo v. Mahowald

374 N.W.2d 312, 1985 Minn. App. LEXIS 4508
CourtCourt of Appeals of Minnesota
DecidedSeptember 17, 1985
DocketC5-85-398
StatusPublished
Cited by4 cases

This text of 374 N.W.2d 312 (MacHo v. Mahowald) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MacHo v. Mahowald, 374 N.W.2d 312, 1985 Minn. App. LEXIS 4508 (Mich. Ct. App. 1985).

Opinions

OPINION

CRIPPEN, Judge.

Appellant Macho brought an action to recover for injuries sustained when he fell off respondent’s horse, which bolted immediately after he mounted it. The jury found that Macho was 40% negligent, and that respondent was 60% negligent. The trial court entered judgment notwithstanding the verdict, finding that the facts were insufficient to place respondent on notice that the horse had a dangerous propensity. It further found, pertaining to appellant’s claims that the stirrups were not properly adjusted, that the horse bolted as soon as appellant got into the saddle, so there was no chance to adjust the stirrups. We reverse and remand.

FACTS

Appellant is a heating and air conditioning contractor. He had numerous business dealings with respondent Mahowald, a general contractor. At approximately 4 or 5 o’clock p.m. on the day of the accident, appellant stopped at the Mahowald residence for business and social purposes. They discussed business, visited, and had several beers. Mahowald walked out to the front step with appellant as he was leaving. Mahowald’s daughter approached with her horse. On several prior occasions, respondent had invited appellant to ride the horse, but he declined. On the day of the accident, appellant accepted.

Macho mounted the horse; the horse was neither reined nor held. He did not put his feet into the stirrups because they were too short, and respondent did not adjust them because he did not feel it was necessary. Within several seconds, the horse bolted; it immediately went into full gallop towards a tree, approximately 75 to 100 feet away. Appellant hit the tree and fell off the horse, sustaining injuries. The parties speculated that the horse was heading toward an alfalfa field, which was beyond the tree.

[314]*314Appellant subsequently learned that there had been a prior incident in which respondent’s daughter had been riding the horse, it broke into a run, and she jumped or fell off. Respondent believed that the horse wanted to run to an adjacent alfalfa field at the time of that incident.

Appellant’s previous experience with horses included several elk hunting trips in Arizona, where he rode horses in a mountainous area for three or four days on each trip. He also rode horses during a caribou hunting trip, and had ridden a friend’s horse on two prior occasions.

Respondent had purchased the horse for his daughter approximately four months prior to the accident. It was ridden by his children approximately three to four times per week. An owner who boarded the horse prior to its purchase by respondent testified that the horse was “easygoing, nice and gentle” and that it had never acted up or caused any trouble. Aside from the above-mentioned incident with the respondent’s daughter, there was no evidence of any other problem with the horse.

Two witnesses who were experienced with horses testified as to the importance of having correct saddle equipment when riding. One testified that when he adjusts stirrups, he keeps the horse tied to the hitching rail. Another testified that when stirrups are being adjusted, the horse normally will remain calm, but that it would probably be “beneficial” if someone held him. There was no testimony that such precautions were observed.

The jury found appellant 40% negligent and respondent 60% negligent and awarded appellant $47,300. After judgment was entered, upon motion of respondent, the court entered judgment notwithstanding the verdict. This appeal followed.

ISSUES

1. Was the evidence of the prior incident sufficient to raise a jury issue as to whether the horse had dangerous tendencies and respondent knew of them?

2. Was evidence of respondent’s failure to use proper safety precautions sufficient to raise a jury issue as to respondent’s negligence?

ANALYSIS

Under Minn.R.Civ.P. 50.02(1), a motion for judgment notwithstanding the verdict should be granted when the moving party would have been entitled to a directed verdict at the close of the evidence. A directed verdict is proper only when the evidence presented is insufficient to state a prima facie case. Minn.R.Civ.P. 50.01.

Upon review of a judgment NOV, this court must apply the same standard as the trial court did in passing on the jury verdict. Edgewater Motels, Inc. v. Gatzke, 277 N.W.2d 11, 14 (Minn.1979). The evidence and inferences must be viewed in the light most favorable to the jury. Bergemann v. Mutual Service Insurance Co., 270 N.W.2d 107, 109 (Minn.1978). The judgment should be granted only when there is “no competent evidence reasonably tending to sustain the verdict.” Sikes v. Garrett, 262 N.W.2d 681, 683 (Minn.1977). The order granting the judgment may stand only when “the evidence is practically conclusive against the verdict or that reasonable minds could reach but one conclusion against the verdict * * *.” Brown v. Arthur Schuster, Inc., 300 Minn. 106, 110, 217 N.W.2d 850, 853 (1974).

Appellant alleged respondent was negligent in three ways: (1) failure to warn of the horse’s dangerous propensities; (2) failure to adjust the stirrups properly; and (3) failure to provide a saddle of the correct size.

1. An owner of an animal is liable for injuries caused by the animal if the animal has dangerous or vicious tendencies, the owner had knowledge of the animal’s dangerous propensities, such as would put a reasonable person on guard, and he neglects to act to prevent the risk of damage. Harris v. Breezy Point Lodge, Inc., 238 Minn. 322, 325-26, 56 N.W.2d 655, [315]*315658 (1953); Hagerty v. Radle, 228 Minn. 487, 502, 37 N.W.2d 819, 828 (1949).

A dangerous or vicious propensity is defined as:

a propensity or tendency of an animal to do any act that might endanger the safety of the persons and property of others in a given situation; and any propensity on the part of a domestic animal, which is likely to cause injury to human beings under the circumstances in which the party controlling the animal places him, is a dangerous or vicious propensity. It is not enough that there be potential danger, but there must be propensity, that is, a natural inclination to be dangerous.

3A C.J.S. Animals § 180 at 674 (1973) (footnotes omitted). Historically, Minnesota courts have viewed horses as domestic animals. Clark v. Brings, 284 Minn. 73, 76-77, 169 N.W.2d 407, 410 (1969).

The parties do not dispute the fact that respondent offered no warning, thereby neglecting to act to prevent the risk of harm, and that he knew of the previous incident. The issue that arises is whether the previous incident of the horse’s rebellious behavior constitutes sufficient evidence that the horse had dangerous tendencies and that respondent had notice. The trial court found the incident insufficient, such that a jury could not find respondent negligent.

We disagree.

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MacHo v. Mahowald
374 N.W.2d 312 (Court of Appeals of Minnesota, 1985)

Cite This Page — Counsel Stack

Bluebook (online)
374 N.W.2d 312, 1985 Minn. App. LEXIS 4508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macho-v-mahowald-minnctapp-1985.