Siemers

Plaintiff brought this action to recover damages for injuries caused by a runaway horse belonging to the defendant. The case was tried before a jury, and a verdict was rendered in favor of the plaintiff for $1,400 damages. Defendant moved the Court for a new trial, which was denied, and this appeal is taken upon questions of law and fact.

The evidence relating to the injury is very brief and remarkably free from conflict. The witness Mysell states that the defendant’s wagon (a small buggy) stood at the corner of Ninth and Minna Streets, where there is a grocery store. The driver of the buggy was coming out of the store, where he had been soliciting business, and when he came out he was about twenty-five feet from where the horse stood. As he came out of the store “ he beckoned to the horse, making a chirping sound with his lips,” and then walked across Ninth Street to go to another grocery store on the opposite side of the street. lie did not go in front of the horse, but stepped into the middle of the sidewalk and crossed over the flags, the horse following him gently on the street; “ and when the horse got into the curve there was a little rut there; it was put there for a…