Sutter

This action was brought to recover damages for personal injuries alleged to have been caused by the negligence of defendant.

Plaintiff recovered judgment, and defendant appeals from the judgment and from an order refusing a new trial.

The point presented here is that there was not only a total lack of evidence tending to show negligence on the part of defendant, but that it was proven by evidence which was not contradicted that the injury was caused by inevitable accident.

The following extract from the opinion of the learned judge of the trial court gives a short and concise statement of the facts in regard to the event: “ Peter Duffey, the said driver, a witness for defendant, explained how the horses came to run away. It seems that defendant keeps its stables at the corner of Third and Tehama streets, where horses are changed to and from the cars, which are propelled by horses on this Third street line. On the day in question, when the defendant’s horses ran away and injured this lad, this said driver was taking his car along Third street, and, when he came to Tehama street, he stopped his car, pulled the pin which holds the pole to the car in front—and to which the horses…