Zana
Smith v. Zana
Opinion
Lead Opinion
Preston, J.
The plaintiff, Lutitia Smith, was kicked by a horse belonging to the defendants. She and her husband, William C. Smith, brought this action for damages. The cause was tried by the court without a jury, resulting in a judgment in favor of the plaintiffs for both special a.nd general damages in the total sum of $1929.20. Prom this judgment the defendants prosecute this appeal.
Appellants, who are husband and wife, own and operate a merchandise store on the east side of Main Street in the town of Campo Seco, in Calaveras County. In front of the store building is a porch about eight feet wide and three feet high, which was used by the people as a sidewalk in front of the store. About 100 feet south of the store, and on the same side of the street, is the postoffice. People living north of the store and on the east side of the street, in going to and from the postoffice, generally travel in the main street in front of the porch of store, for the reason that, at the north end of the porch, there were four steps to climb before reaching the top of the porch, and on the south side, the steps w'ere lower than on the north side, and it was much easier to traverse the porch going north than…