Hawley

Plaintiff was awarded a judgment for the sum of $3,750 against defendants. His cause of action as set out in the complaint was for damages alleged to have been sustained through the negligent act of said defendants. This appeal is taken by the Belle Vernon Farms Company from a judgment and also from an order denying its motion for a new trial.

Plaintiff was employed to drive a milk delivery wagon. On the thirteenth day of February, 1908, the team driven by him became unmanageable and ran away, throwing plaintiff from the wagon and causing his foot to be caught and crushed under the hind wheel thereof. In plaintiff’s complaint it is alleged that the horses furnished to him to drive on the milk delivery wagon were wild and unbroken, and that the harness which he was required to use was worn, weak and unsafe; that he had called the attention of his employers to the unsafe condition of the harness and requested that they furnish him with a good and safe set to be used upon the horses, but that his request had not been heeded; that portions of the harness broke, whereupon the team was caused to run away and plaintiff was injured as before stated.

It is the contention of appellant…