Hackelberry

Plaintiff while engaged in farming work in the employ of the defendant corporation in October, of 1916, was injured by being trampled upon by a horse, claimed to be vicious, which plaintiff was in the act of unhitching from a harrow team furnished him in his work by the defendant. Upon the trial a verdict and judgment thereon in the sum of six hundred dollars was rendered against the defendant, who appeals therefrom upon the grounds that the court erred in denying defendant’s motion for nonsuit, and also erred in giving and refusing to give certain instructions.

In his complaint, after alleging the employment and work thereunder (which is not denied), and that he was injured ■by a vicious horse owned and furnished him in his work by the defendant, plaintiff charges that the defendant’s manager at all times well knew- that said horse referred to was “an outlaw, wild, vicious, and treacherous, and was likely at any moment to become vicious and unruly.” The complaint also alleges that after plaintiff was injured by being trampled upon by the horse, that he “was unable totally to help himself or to procure medical or other assistance, all of which the said manager of said ranch well…