Brainard

The record in this case shows that the defendant in error, who was plaintiff in the court below, while standing on the sidewalk at the corner of Twentieth street and Broadway, in the city of Oakland, was without fault on her part struck by a team of runaway horses, thrown down, kicked,-and trampled upon, thereby sustaining very serious injuries, for which she brought the suit to recover damages against the plaintiff in error.

The record shows that at the time in question the plaintiff in error was operating a brewery known as the John Wieland Brewery, situated on the westerly side of Broadway, between Nineteenth and Twentieth streets, of Oakland, to which premises were two entrances from Broadway, each about 10 feet wide, at the rear of which was a barn. The team of horses that caused the injuries to the plaintiff was owned by one Thun, from whom the plaintiff in error had hired it for that day. Thun took the horses to the brewery shortly after 7 o’clock a. m., and left them there in charge of employes of the plaintiff in error, who used them during the day for drawing a wagon of the Brewery Company. During the afternoon Thun was notified by telephone that the horses would not be…