Paine

This is an action to recover damages for-personal injuries alleged to have been caused by the negli gence of the defendants. The case was tried without a jury and a judgment was entered in favor of the plaintiffs. The appeal is from an order denying defendants’ motion for a new trial.

At the time of the accident the plaintiffs were employed on the Cullen ranch, near the town of Gilroy as teamster and cook respectively, and the defendants, who were in the wood business, were cutting and hauling wood from the same ranch. At that time an employee of the defendants, having in charge the defendants’ team attached to a wagon, had passed from the public road into the Cullen property, and after doing so had left the team and wagon standing unattended while he stepped back to close a gate through which he had just passed. At this moment he noticed the plaintiffs approaching driving a horse and buggy, and he held the gate open until they had passed into the Cullen ranch. After passing through the gate the plaintiffs drove around the team, and when they got into the road and about forty feet ahead of the team,' the latter ran away and collided with or jumped into the rear of their buggy,…