Roche

Action for personal injury. Trial by jury and verdict for plaintiff awarding him four thousand dollars’ damages. Defendants appeal from the judgment upon the verdict and from the order denying motion for a new trial. On September 10, 1895, plaintiff was in the employ of the city and county of San Francisco as a street sweeper. An employee of defendants, in the course of his employment, was driving a business buggy or vehicle, drawn by one horse, along Kearny street, and while so driving the hub of one of the hind wheels of the vehicle struck plaintiff, breaking his thigh bone and otherwise seriously injuring him. The evidence tends to show that the driver of the vehicle, one Goddard, was the solicitor of defendants and was engaged in the discharge of his duties as such at the time of the accident; that plaintiff, about 10 o’clock A. M. of September 10th, was lawfully in the employ of the city, and was rightfully engaged in the discharge of his duties, and was standing near to, but just outside, the east rail of the west track on Kearny street, about thirty-five feet north of the north' crossing of Jackson street, and was in the act of pushing the debris southwesterly from within…