Sappenfield

The defendant is the proprietor of a street-railroad in the city of Los Angeles, and the plaintiff was employed by it as a driver upon one of its cars. On the 22d of November, 1888, while engaged in the service of the defendant, the plaintiff was driving a horse called “ Dan,” which was hitched to car No. 4 of the defendant’s line of street-cars, and while driving along Main Street, near Tenth, the horse became detached from the ear, and dragged the plaintiff over the dash-board, throwing him upon the track, where he was run over by the car and received serious injury, necessitating the amputation of one of his legs. For the damage thus sustained he brought this action against the defendant, alleging that it had been caused by its negligence in furnishing him with an unsafe and ungovernable horse, and a ear “ whose appliances and attachments” were in an unsafe and dangerous condition. The case was tried by a jury, and a verdict rendered in favor of the plaintiff. From the judgment entered thereon, and from an order denying a new trial, the defendant has appealed to this court.

For the purpose of establishing that the appliances and attachments of the car were unsafe and…