Hawley

This appeal is by the Los Angeles Creamery Company alone, from a judgment and from an order denying a new trial.

The action was for damages on account of personal injuries. The bill of exceptions presents evidence tending to show the following facts: Plaintiff was employed by appellant as a driver of a milk wagon. During the existence of such employ-' ment and a few days prior to and upon February 1, 1908, plaintiff notified appellant’s manager, with whom he had made his contract of employment, that the lines furnished by appellant for use in guiding and checking the team of horses used in drawing such milk wagon were defective, and that unless they were made safe, or a new set furnished, plaintiff would quit work. The manager promised plaintiff that he would “take care of such lines” for plaintiff; that “we will fix you up all right. ’ ’ Relying upon such promises, plaintiff continued his work for the ten or twelve days succeeding. On February 13th plaintiff made an effort to check the team through the use of the lines, when the same parted at the place where their weakness was evident and with reference to which complaint had been made. The team thereupon became unmanageable…