Watts

The action is for damages for the alleged negligent maiming of two horses belonging to the plaintiff. Judgment was awarded the plaintiff in the total sum of $334, which included the sum of $9 for expenditures made by plaintiff in the procurement of the medicine necessary to the treatment of the injured animals. The case was tried by the court without the aid of a jury. The defendants appeal from the judgment.

The defendant Robert Stewart Peers was, at the time of the filing of the complaint herein, a minor of the age of about nineteen years, and the defendant Robert A. Peers is the minor’s father. It is alleged in the complaint, and admitted by the answer, that upon an application in writing of Peers, Senior, prior to the accident in which the alleged injuries were inflicted upon the animals mentioned, the state division of motor vehicles issued to said minor a license authorizing him to operate a motor vehicle within the limits of the state of California, said application having also been signed by the defendant minor. It further appears that on the second day of January, 1925, at or about the hour of 5:35 P. M., the said defendant Robert Stewart Peers was in the act of driving…