Wistrom

The following statement of the facts, following closely that made by appellant, is substantially correct, and is sufficient for the purposes of this appeal:

1. The evidence is sufficient to support the verdict of the jury. Appellant says: “It appears to be assumed by respondent that it constituted negligence on the part of defendant’s employee to turn in by mistake to the place where he did not desire to go and thence to turn back toward the center of the street.” That assumption would not be very creditable to the intelligence of anyone urging it. However, we do not understand respondent to take any such position. His contention is that the driver in turning his horse as stated failed to exercise ordinary care and prudence. His negligence consisted principally in not looking to see if anyone were approaching. The driver himself declares: “I wheeled over as soon as I saw it was wrong; I didn’t see this man [plaintiff] at all.”

It is so manifest as not to require argument nor authority that it was the duty of the driver to proceed slowly and carefully and to be on the alert lest he come into collision with others. The plaintiff was where he had a right to be; he was on a…