Dillwood

This is an action to recover damages for the loss of plaintiff’s horse, alleged to have perished by fire, on June 14, 1916, through the negligence of defendants. The defendants, other than defendant Quail, are sued as members of the board of supervisors of San Joaquin County and as individuals. Defendant Quail is sued as county surveyor and in his individual capacity. It is alleged in the amended complaint that plaintiff is the owner of a stallion named “Ishmael” of the value of five thousand dollars; that on the day above mentioned and some time prior thereto plaintiff “had kept said stallion in a stall at the county fair grounds. That upon said fair grounds there is a racetrack and stables for the care of horses using said race-track. ”

Paragraph IV is as follows: “That during all the times herein mentioned, the said fair grounds was-and now is, the property of the county of San Joaquin, and was and is managed and controlled by said defendants, and is owned and held by the county for the holding of county fairs, and to be rented from time to time for the holding of exhibitions in motor and horse racing, fairs and public exhibitions of various kinds, for which a charge is made…