Marks

The action was brought by plaintiff as administratrix of the estate of her husband, on .behalf of herself and her three minor children, to recover damages for the death of her husband, alleged to have been caused by blows wrongfully inflicted upon him by defendant. The jury returned a verdict in favor of plaintiff in the sum of ten thousand dollars, and judgment was entered accordingly. The appeal is by defendant from said judgment and from an order denying him a new trial.

Briefly, the facts of the ease may be stated as follows: Harry Marks, the deceased, was the owner of a number of work horses with which he engaged, in the summer months, in the business of logging in Plumas and Sierra counties and, in the winter months, in plowing for different parties in Tuba and Butte counties. In March, 1912, he was engaged in plowing some land about six and one-half miles from Marysville and had spent the night of March 12th with his family in Marysville. On the morning of the 13th of March, George W. Hughes, a brother of Mrs. Marks, who was employed by Harry Marks, drove into Marysville with a four-horse team for the purpose of securing supplies for the men and teams. He was accompanied…