Sheehan

This is an appeal from a judgment in the plaintiff’s favor in a proceeding wherein he sought and obtained a writ of mandate requiring the defendants, as the board of police commissioners of the city and county of San Francisco, to restore said plaintiff to the position of a police officer of and in the police department of the said municipality, and also to restore the plaintiff to the pension-roll of the police and pension fund of said department, and to pay to said plaintiff his accrued pensions as a retired police officer, amounting to ■ the sum of, four thousand six hundred dollars.

The facts of the case are embraced in the findings of the court which may be summarized as follows: The plaintiff was appointed a police officer of the police department of the city and county of San Francisco on September 20, 1895, • and continued in active service as such police officer until August 1, 1899, when he was injured in the performance of his duty by being thrown from a horse which he was breaking to the saddle under the orders of his superior' officer, and which said horse fell upon him, causing severe injuries to his head and side, resulting in a total deafness in his right ear and…