Kenney

The judgment of nonsuit entered herein in favor of defendants is hereby reversed.

Plaintiff, a. young woman of twenty-one years, sustained severe and permanent injuries, to wit: Facial sears and loss of right eye, as the result of an automobile accident which occurred in substantially the following manner: She was riding in the front seat of said automobile as guest of the owner and driver. With other guests in the rear, the parties were proceeding home from a dance at about the hour of midnight on February 21, 1927, driving at a reasonable speed along a fenced highway near Santa Cruz, where it adjoined a ranch owned and operated by the defendants. Suddenly two horses, unattended on the road, loomed up ahead of the car; the driver slowed down and succeeded in passing between them, but almost immediately thereafter another horse, invisible in the darkness, jumped in front of the machine and collided with it. The force of the impact turned the car over into a ditch and the aforesaid injuries to- plaintiff resulted.

Plaintiff, by her amended complaint, alleged negligence in general terms, to wit: “That said horse or horses was or were among a number of horses that were, through the…