Daly

This is an action to recover damages for personal injuries.

At the 'time of the injuries plaintiff, then about seven years of age, was upon a public street in the city .of San Francisco, and was playing “tag” with his sister and another girl, each óf the age of about eleven years. They were in front of the house where plaintiff and his parents resided. Defendant was driving a horse attached to a buggy, which passed over the plaintiff, breaking his left thigh bone and otherwise injuring him. Plaintiff had been going to school for about a year, at some distance from his home, crossing two railroad tracks in going and returning. He generally went alone in the morning; sometimes little girls would be with him coming home. On these occasions he always safely took care of himself.

*369 The cause was tried with a jury. At the close of plaintiff’s evidence in chief the defendant moved for a nonsuit on the ground of contributory negligence of the child’s parents in allowing him to go upon thestreet without any person exercising proper care or control over him. The court denied the motion. The jury returned a verdict for plaintiff, awarding him one thousand dollars. The defendant moved…