Carraher

This action was to recover damages for injuries alleged to have been suffered by Carraher, the plaintiff, through the negligence and carelessness of the defendant in running a train of cars engaged in hauling sand and rock to fill in a section of the seawall, being then in process of construction on a portion of the water-front of the city of San Francisco. The plaintiff had a verdict of the jury trying the cause awarding him the sum of one thousand dollars. From the judgment thereupon rendered and an order denying a new trial the defendant appeals.

The appellant contends that the verdict is not warranted by the evidence, and that certain of the instructions given by the court to the jury at the instance of the - plaintiff are misleading and erroneous. Counsel argue that the evidence shows without conflict that the plaintiff caused his own injury" by his inattention to the -horse which he was driving, his mismanagement of the animal, and his carelessness in approaching the crossing of the railroad, near to which the injury was inflicted. There is a sharp conflict between that to which the plaintiff swore and some of the evidence given for the defendant, but the jury found for the…