The daily silver state. [volume] (Winnemucca, Nev.) 1903-1907, 1904-04-07
ROBERT|J JUDGMENT
AFFIRMED
Supreme Court COmmends
AttOrneys-F. X. Mufph,
for the Defendant

In the supreme court Of the state OF
Nevada.
Peter koberti. respondent. vs.. J. p.
Anderson, appellant. NJ. s. Bonni-
field, attorney for appellant; Frank
X. Murphy, alto. ney for respondent.
In the complaint 1t is alleged:
In substance that the pia.ntiff was
employed by the defendant TO run a
mower; on July 3, 1901, the defendant
requested the plaintiff to work to
the machine a horse that was un-
known to him, which he had never
seen before and with the habits and
disposition of which he was unac-
uainted: that said defendant then
and there informed this plaintiff that
said no. Sc was a broke and gentle ami
NAL; that said defendant then knew
that said horse was neither broke nor
gentle, but that he was Wild, dange.-
Gus and uncomfortable animal COM
monty known as a bronco: that the
plaintiff while SO employed and at the
defendants request commenced work.
ing said team but without any fault OH
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
OF the plaintiff. throwing plaintiff
therefrom violently and in such d
manner that plaintiff was greatly. Sc
riously and permanently injured, his
head and body hurt. his right leg
bruised and torn, and his right arm
cut and broken. and from which in
Juries plaintiff has ever since suffered
great pain and anguish. his health has
become blo oxen and impaired, and his
right hand and a. m permanently dis
abied. to plaintiffs damage In the sum
of ten thousand dollars"
The trial in the district court at
Winnemucca. Judge Bonnifield presid
ing, resulted in a verdict and judg-
ment for three thousand dollars, and
motion for a new trial was denied,
and an appeal taken.
The controlling question Is whethe.
the evidence is sufficient to sustain
the necessary allegations of the COM
plant and support the verdict. and IL
becomes important to analyze and
compare the statements of the wit
nesses. and to ascertain whether there
Is any testimony to sustain these ma
ter.al allegations, or rather as many
of them as are essential to make the
defendant liable in damages. Instead
of bringing to this cou.t full and
cumbersome transcript of the evil
dence. containing much that has no
bearing upon the points involved, a
practice that Is quite common, the
reco d in this case Is to be commended
for giving SYNOPSIS and close state
ment of the effect of the testimony or
the various witnesses. When first
called to the stand the plaintiff stated
that he was employed In the latter
part of June. 1901. by Mrs. Anderson
to help cut the defendants grass: that
he arrived at defendants ranch on
Sunday evening. June 80; that the
next morning he went to the corral
about four O'Clock and asked defend
ant II he would hook up his own team
and that he said NO" that he had
plenty Of his own horses: that plain
tiff then said Say. Mr.. Anderson, l
won't drive any broncos or bad horses
am getting too old for that" defend
ant replied that his horses were all
gentle and that his old woman could
drive them; defendant gave plaintifr
which were slow and which he worked
all that day. July first: that the next
morning he asked defendant II he
would take his own team, which de-
fendant told him to use and which he
worked all day Tuesday; that on the
morning of July third plalntiff asked
defendant which team he would take
and defendant gave him one OF the
horses that he had worked Monday
and another gentle horse which he
worked until noon; that after dinner
he took these two gentle horses he had
worked In the forenoon and hooked
them to the mower; that after he
had them hitched and ready to start
Fred Scott, one OF the defendants men,
brought him another horse already
harnessed and said defendant wanted
plaintiff to work him instead of one
already hooked to the mower which
was very slow horse: that defendant
asked Scott II the horse was gentle
and he replied that he did not know,
that Just then and while they We're
talking. the defendant and his son
Ben and Arthur Packard came along
and plaintiff asked defendant II the
horse was gentle and he said 90 yes:
that the plaintiff started to the mead
ow to NOW grass. and when about
three hundred yards on the way the
bronco looked back. bowed his neck
kicked and bucked and the team ran
away. that he could not hold them.
that he was thrown to the ground
rendered unconscious. had his right
arm cut and broken, had his leg
hgnised aud sustained injuries from