Spear

The action was brought by Robert Francis Spear to recover damages for personal injuries sustained by him as the result of a collision between an east-bound car of said railroad and a wagon of Wells, Fargo & Company, going in the same direction, the horses thereby becoming frightened and crashing into the wagon which said Spear was driving in an opposite direction, throwing him to the ground and severely injuring him. A general verdict against both defendants was rendered by a jury. There were also findings upon certain special issues, which were submitted at the request of the defendants. Plaintiff consented to á reduction of $1,500 from the amount of the verdict in accordance with a conditional order of the trial court on the motion for a new trial, and thereupon said motion was denied. In the mean time said Robert Francis Spear had died and his executrix was substituted as plaintiff in the cause.

The following may be stated as embracing the material facts' of the case: On April 17, 1906, the said Robert Francis Spear was driving a regular mill wagon on the north side of Bryant street, in San Francisco, in a westerly direction toward Oak Grove avenue, which is a short street…