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

it'll the habits and DISPOSE |
hich he was unacquainted:
cha defendant then and there
informed this plaintiff that said horse
was a broke ami gentle animal; that
said defendant then knew that said
horse was neither broke nor gentle,
but that he was a wild, dangerous and
uncomfortable animal commonly
known rs q bronco; that the plaintiff
while s. employed and at defendants
request. comm enced working said team
but without any fault on his part, was
unable TO work. manage or control
the same, and said team ran away with
said machine and this plaintiff without
any fault on the part Ct the plaintiff,
throwing plaintiff thereby violently AMI
throwing plaintiff therefrom violently
and in such a manner that plaintiff was
greatly. aeriCusly- and pcrra nentiy in
jured, his head and bod hurt, his
right leg bruised and torn and his
right arm cut and broken. and from
which injuries plaintiff has ever since
suffered great pain and anguish, his
health has become broken and impair
ed and his right hand and arm perma-
nently disabled to plaintiffs damage
in the sum of ten thousand dollars
The trial resulted in a verdict AMI
Judgment for three thousand dollars
dam ges, and from an order denying
defendants motion for new trial he
appeals. The controlling question IS
whether the evidence is sufficient to
sustain the necessary allegations Of The
complaint and support the verdict, and
it becomes important to analvze and
compare the statements of the witness
es and to ascertain whether there is
any testimony to sustain these mate
rial allegations, or rather as many OF
them as are essential to make the de-
PENDANT liable in damages. Instead Of
bringing to this court full and cum
bersome transcript of the evidence
containing much that has no bearing
upon the points involved, a practice
that is quite common. the record, in
this case is to be commended for Civ
ing a synopsis and close statement
of the effect Of the testimony of the
various witnesses. When first calle1
to the stand the plaintiff stated that
he was employed in the latter part
of June, 1901, by Mrs. Anderson &c
help cut the defendants grass; thai
he arrived at defendants ranch or
Sunday evening, June 80; that thl
next morning he went to the corral alb
out four o'clock and asked defendan
if he would hook up his own team
and that he said NO. that he ha;
plenty of his own horses; that plain
tiff then said "say, Mr.. Anderson.
won't drive any broncOs or bad horses
| am getting too old for that" defend
ant replied that his horses were al
gentle and that his old woman coul
drive them; defendant gave plaintit
a good gentle team that mornin
which were slow and which he worke
all that day, July first; that the mex
morning he asked defendant If b
would take his own team. which d.
PENDANT told him to use and which n
worked all day Tuesday; that on tn
morning of July third plaintiff aske
defendant which team he would TAX
and defendant gave him one OF tn
horses that he had worked Monda
and another gentle horss which n
worked until noon; that after Dime
he took these two gentle horses 2
had worked in the forenoon and hoo
ed them to the mower, thst after \
had them hitched and ready to star
Fred Scott, one Of the defendants me
brought him another horse alread
harnessed and said defendant wante
plaintiff to work him instead of on
already hooked to the mower whic
was a very slow horse; that defendf
asked Scott if the horse was gen
and he replied that he did not knC
that just then and while they
talking the defendant and h+J J
Ben and Arthur Packard came al
and plaintiff asked defendant il 4
horse was gentle and he said 20 yes;
that the plaintiff started to the me
dow to NOV grass. that when abo1
three hundred yards on the way II
bronco looked back. bowed it's nee
kicked and bucked and the team re
away, that he could not hold thel
that he was thrown to the grCun
rendered unconscious, had his rig
arm cut and broken. has his leg bru
ed and sustained injuries from Will
he has ever since suffered. Surgeo
and others testified that both bon
of the right arm were broken about I
wrist and that the muscles and ma
were disabled. On plalntlfs pen
there was also proof that except
the two years previous to the trl
the plaintiff had teamed for siHte
years and was sk1llful teamste
that defendants horses had the gen
al reputation of being broncos a
mean, and on cross examination .
plaintiff testified that the buchsF
horse which ran away with the NOV
was the worst he ever saw. that
one could hold him. that he took
bit in his teeth and pulled the
horse, the machine and the plant
and bUcked and kicked.
The defendant testified: That VIII
the plaintiff came with his own hors
to the defendants ranch he. the
PENDANT. had horses Of his own tt
he wanted to work to the move
that the plaintiff worked his o,
horses q day or two and worked
team of the defendants in the 70
noon on the third day Of July; that
that day the defendant told the pla
till that he wanted him to work
II his young horses with an old hol