Waters

This is an action of trespass, in which the plaintiff claims damages for the loss of a horse, killed by the careless and negligent conduct of the defendant’s servants, while engaged in and about defendant’s business. A jury having been waived, the facte as well as the law were submitted to the judgment of the court.

As matter of fact I find that on the —— day of —— 1857, the defendant was in the possession of the franchises, and other property of the Sacramento Valley Railroad Co., and was engaged in running the cars and engines on said road between the towns of Sacramento and Folsom; that on the said day the horse of the plaintiff fell on said track and was struck and killed by -said cars under the control and management of the defendants’ servante; that the accident occurred at a point three or four hundred yards from "the place at which the county road crosses the railroad, at an hour at which, the cats pass daily this portion of the road ; that the plaintiff’s horse was wandering along the public road without superintendent or conductor; ..that the horse being frightened by the approach of the engine and cars left the public road end went upon the track of the rail road; that…