purposes of strict liability at the time of the Plaintiff's injury.
property in Foster, Rhode Island. On the night of November 10, 1997,
a strong wind caused a tree branch to fall on the electric fence that
corralled the horse. Twig escaped from her enclosure, and around
11 pm, the Foster Police Department received a report that Twig was
running wild on a local road approximately two miles from home.
at work. Jon went with Lt. Chapman to attempt to restrain Twig in
a horse trailer, but they were unsuccessful. A er 45 minutes, they
walked Twig to Plainti Phillip Johnston's farm house to board her for
the night. Lt. Chapman recommended Mr. Johnston, an experienced
horseman with facilities capable of maintaining Twig for the night.
nervous and reared, but she eventually calmed and was led by the
halter into the barn.
rope to Mr. Johnston, who walked the horse into the stall and clipped
a wall rope to the halter without di culty. Mr. Johnston then walked
past the horse and le the stall to get some hay.
leave the stall, Mr. Johnston brushed against Twig causing the horse
to pull back and rear up, and the wall rope broke. Twig lost her foot-
ing and fell down, knocking Mr. Johnston to the ground. While Twig
was attempting to get back on her feet, she struck Mr. Johnston in
the head with her hind hoof. Twig then ran out of the stall to an open