Needham v. San Francisco & San José R.R.

By the Court, Sanderson, J.:

This is an action to recover the value of a mare which is alleged to have become valueless by reason of certain injuries sustained by her while trespassing ujb.on the defendant’s road, through gross negligence of the defendant’s servants while removing her. The plaintiff recovered a verdict in the Court below, and the defendant applied for a new trial upon the grounds: first, that the verdict was contrary to the evidence; and second, that the Court erred in its charge to the jury.

The plaintiff alleges that the defendant had failed to fence its road, and for that…