Collins

In this action, brought against several defendants to recover damages for personal injuries, the jury returned a verdict in favor of the plaintiff against L. J. Marsh alone for five thousand dollars. L. J. Marsh appeals from the ensuing judgment and from an order denying his motion for a new trial.

The accident occurred on Hill Street, in the city of Los Angeles. Plaintiff, who was driving a horse attached to a buggy, had turned into Hill Street from Seventh Street, and was driving northerly on the easterly or right-hand side of Hill Street toward Sixth Street. He had occasion to go to a telephone office in the block between Seventh and Sixth Streets. The entire curb line along the east side of this block was occupied by automobiles and other vehicles, with the exception of a space of some twenty-two feet, about the middle of the block. At this point the plaintiff undertook to drive in. The space was not sufficient to enable him to get his horse and buggy close up to the curb. He was compelled to drive in at an angle, and brought his horse to a stop, as he testified, with the horse’s head over the curb, the right front wheel of the buggy about a foot and a half from the curb, and…