Wessel

This is an action for personal injuries. The cause was tried by the court without a jury. Judgment was entered in favor of the defendant and the plaintiff appeals therefrom. At the time of the accident out of which this cause arose, the plaintiff was a boy of seven years of age. The action is brought by his father, who was appointed his guardian ad litem. Complaint is made that the findings of the court are not sustained by the evidence. It is alleged in the second amended complaint that on January 2, 1927, the defendant was the owner of a vicious horse which he knew to be vicious and ferocious and which he carelessly and negligently permitted to run at large in the city of San Carlos. That on said day while so at large said horse kicked the plaintiff in the face, inflicting serious injuries. These allegations are denied by the answer. The court found that the defendant was not the-owner of a vicious horse, or that the horse mentioned in the said complaint was or is a vicious animal; that it is not true that defendant negligently or otherwise permitted said horse to go at large without being securely guarded or otherwise; that it is not true that on January 2, 1927, said horse was…