Callett

The action was for damages occasioned by the negligence of the defendant. It was tried before the court without a jury and the plaintiff was awarded the sum of eight hundred dollars. From the judgment the appeal has been taken.

The nature of the action is shown by the following allegations of the complaint:

The plaintiff’s version of the accident will appear from the following quotation from his testimony:

I did not pull on the line either way; just held the line firmly and let the horse go at a steady gait.

“It is a smooth macadamized street. The reason I turned down 28th, I have driven down there several times before, I found that road was all cut up and I went out 27th Street, found the road down there was a whole lot better for driving, so that was my reason for driving off of 28th into X and going down to 27th where the road was a whole lot better.”

It is admitted that the plaintiff was quite seriously injured, and there is no contention that the amount awarded him is disproportionate to the extent of the damage he suffered, nor is there any claim of any defect or imperfection in the pleadings in the case, nor is any ruling of the trial court during the trial challenged…