Miron v. Yonkers Raceway, Inc.

The Mirons (plaintiffs) consigned their horse to an auction run by Yonkers Raceway (Raceway) (defendant), under a contract putting risk of loss on the buyer once the auctioneer's hammer fell; Saul Finkelstein (defendant) won the auction but, contrary to customary practice of examining a horse right after an auction, took the horse home unexamined. The next day his trainer discovered the horse was lame, and after taking x-rays Finkelstein demanded the Mirons take the horse back and refused to pay. At trial, the parties presented conflicting expert testimony about when the injury occurred and when the x-rays were actually taken, along with witness testimony that the horse appeared healthy on auction day; the district court held Finkelstein bore the burden of proving the horse's lameness at the time of auction and had failed to carry it, entering judgment for the Mirons, and Finkelstein appealed.