Blose v. Mactier

In Blose v. Mactier, 252 Neb. 333, 562 N.W.2d 363 (1997), when a farrier attempted to catch a horse in order to shoe him, the horse jumped the fence, breaking a board of the paddock fence, which board struck the farrier in the head and rendered him unconscious. The court affirmed the district court's decision directing a verdict in favor of the horse's owner because it found that there was no evidence that the horse had engaged in any behavior that would have given the owner notice that the horse would jump the fence and thereby injure the farrier when the farrier tried to catch the horse. The court also stated that the horse's "tendency to bolt when turned out into the pasture and his reputation for being difficult to catch [were] not sufficiently similar to his behavior in this situation so as to constitute the notice required to give rise to a duty on the part of. . . . the owner." Blose, 252 Neb. at 338-39, 562 N.W.2d at 368.