Vaughn

Action to recover damages on account of negligence of defendants, resulting in the loss of certain horses placed in defendants’ pasture.

The case was tried before a jury which rendered a verdict for plaintiff. Judgment followed, from which, and an order denying their motion for a new trial, defendants appeal.

It appears that defendants were the owners of some five thousand acres of inclosed, mountainous land, cut by deep cañons and gulches, which they used in the business of receiving stock for pasture thereon for hire; that plaintiff and his assignor, about the first day of May, 1912, delivered to defendants four horses to he pastured upon said lands. It is alleged that by reason of defendants’ negligence during the time when said horses were in their possession and being pastured, they died for want of water.

The chief assignment of error is insufficiency of evidence to justify the verdict.

One who takes in horses to pasture, having charge and control of them, is termed an agister. (Howard v. Throckmorton, 59 Cal. 79 ; Williams v. Miller, 68 Cal. 290 , [ 9 Pac. 166 ].) While he is not an insurer against injury to or loss of the stock intrusted to his keeping, he is bound to…