Breidenbach

Plaintiffs alleged in their complaint: That, on the thirteenth day of September, 1909, plaintiff, Nellie Breidenbach, was driving along the streets of the city of Stockton in a carriage drawn by one horse; that defendants were then the owners of a horse and wagon which were in the control and possession of defendants. “That the said horse belonging to the defendants was an unruly, fractious and vicious horse and well known to the defendants to be such an unruly, fractious and vicious horse. That the defendants carelessly and negligently left said horse and wagon without a driver upon the public highway of the said city of Stockton, and that by reason of said carelessness and negligence on the part of the defendants, the said horse then being attached to the said wagon, ran away and struck the carriage in which the plaintiff, Nellie Breidenbach, was driving along the highway and overthrew the same and threw the plaintiff, Nellie Breidenbach, out of the carriage upon the ground, whereby the plaintiff, Nellie Breidenbach, was bruised, wounded and lacerated and was for about fifteen days confined to her bed and is still suffering as a result of said bruising, wounding and lacerating,…