Tompkins

The defendant is the proprietor of a hotel and livery stable at Cazadero, and on the first of June, 1895, the plaintiff, Emma A. Tompkins, was a guest at the hotel. On that day a party, consisting of ten persons, started to go from Cazadero to Fort Ross in a vehicle drawn by four horses, which were driven by an employee of the defendant, and, after proceeding a few miles, the vehicle was overturned and the plaintiff thrown out upon the ground and seriously injured. The present action was brought to recover damages for the injury, alleging that it was caused by reason of the negligence of the defendant’s servant. Judgment was rendered in favor of the plaintiffs for thirteen thousand five hundred dollars. The present appeal is from an order denying a new trial.

Whether the vehicle was overturned by reason of the negligence of the driver, as well as the extent of the injury, and the amount of compensation to be awarded the plaintiff, were matters which were determined by the jury upon the evidence before them, and their verdict thereon must be accepted as final. The amount of the verdict cannot be held as excessive in view of the injury shown to have been-sustained.

The main ground…