Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1904-04-03

WCrk one OF his own horses with one
of defendants young horses, or take
one of defendants old horses with a
young horse; the defendant had five |
teams and mowers cutting his grass; /
that on the third day of July he also |
told the other drivers to put a young
horse with an old horse to each ma |
chine and they did so; that the team
hitched up for the plaintiff was a young |
horse and an old horse; that when |
the plaintiff started the team, the |
young horse stopped and held back
and the defendants went up to the
team and said to the plaintiff that
the horse was gentle. but if he was
afraid to drive theteam the defendants
! son. Hcl Packard wCu. drive it:
that his son Ben and Packard were
present 80 So p0r -. TO the
plaintiff that he would dri~e - that
! Packard would drive ana rs scn Of
f.. i a., give 80 ma L. ( i,.-..Ii--..,f
said that he would drive them him
self and he serted @ with them and
LAD g,ee aoout three hundred yar Is
when dsfcaGant'- Gttnti-n was at
tractei by alatii2 yelling; that the
team ran sek 70, tie 'zarn!ard where
they s. pncd. The DEFENDANT so tes-
titled ,1at the hCr - rod been broken
to York to The wGgCr a. Golcouda in
the spring before; that it had been
worked to til wagon for two weeks
before the Third day Of July; that it
was worked RIGHT along TO a wagon
on the ranch aEteT t17 accident the
same IS his other horses ard thar
he never knew CT heard hat It had
tried 20 TUE anav CT th9t il We villa
or da0aorCrs either before - Il = the
i., -r In I,D 10
Ifendc1t testified: "rhat 80 was
nevcr mtched to a mower before the
time plaintiff tried TO drive h1l, nei-
ther M son Packard nor any one else
tried tC drive him to rGow,r that
caaeOn after nlajntiff was hurt. TIE
reason wos because there was NC
more hay to cut. 1t was not because
he was not gentle. | don't know wh2-
Their | told Roberti that my old wo
man could drive him or not. but |
have a thousand dollars to bet right
now that she can drive him. | won't
bet that she can drive him to a NOW
ing machine, but | will bet she can
drive him. We have never worked
that horse in moving machine but
we have worked him in a wagon.
When | saw the team running away,
after Roberti fell off the machine. the
boys and | ran toward the team to
stop them. l did not want my ma
chine all broken up, and after we stop
: ped the team near the corral, we went
to where Roberti was lying
The defendant was corroborated
largely by the witness Packard and by
his son Ben Andersen.
The latter testified in part.
7 That when plaintiff TOOK the lines
Z ard his seat on the mower the hCrSe1
I started off all right, out the plaintiff
I pulled On the lines 50 hard tuat he
I young horse. having 2 tender mouth.
0 stopped; that the old horse c0n'!nued
u to pull and a tug CANE .Cose; that the
Ii defendant then came Up and told the
& Plaintiff that if he was afraid OF the
, horse the defendants son Ben would
L drive him. that the horse was Eentle
n working 10 a wagon; that witness ther
Il said t. the plaintiff that he or Pact;
l. q would drive the team. and wines
of eret! to do so and the plaintiff sid
;, il. II ply that he wOu'i drive them in
a. ELF; that he sta~;9i and when he la(
~ gone a lew bundled. yards he heara the
10 &c. plaintiff yelling and saw the team
III come running back to the yard, :ha
y every year defendant had som,
"a young i.orses broken to the m -
AZ after icy had boone gentle in Wn-k
io inG t" the wagon. He also test,
t. that the horse was afterwards worked
IL in wagon and in a machine and ha
~ never since shown a disposition t
- buck or run away. On cross examine
nc ton this witness stated: | helpe,
le break the buckskin to WACO
iy in February at Golconda. | never drov
NC him to anything but a wagon. He wa
e. big, strong full-grown animal. w
* ~ were working five mowers that day
'h this buckskin and gray were the onl
&c two horses left that had not bee
~ worked to the mowers; l told Rober
- myself that the horse was gentle;
- did SO because he was so and we wan
w ed to get him broke to machine
~ Packard testified that the buckski
~ ~ horse had long legs, was fifteen or ST
- teen hands high, was a good runnf
~ and may have been seven or eigl
~ years old.
- Defendants daughter testified thu
"a at the breakfast table on the first da
- OF July she heard her father tell tn
~ men that he wanted them to work on
-, Ct lis young horses with an old hOrs
~ IN Cr'or tn break them to the move
~, and she said that she did not think {
80 was much hurt.
-, II rebuttal the plaintiff testified tn.
~ the defendant did not tell him that d
49, son Ben OF Packard would drive Il
-. team: that the son Ben did not Off
To-, tC drive them nor say that he or Pac
Nc ard would drive them; and that
,oe told the defendant that he would n
10 drive broncos; that nothing was sa
,nd about the horse by the defendant n
lie by defendants son Ben nor by PaC
10 ard in the hearing Of the plaintiff, {
iai cept that the defendant said the hor
,o,, was gentle and that his old WON
or. could drive him.
~ 1t may be observed that the most
~ sential parts of plaintiffs testino
~ are contrary to that given by witne!
~, es for the defendant. The record
~ dicates that Ben Anderson stated til
the horse was worked to a mower