Yerian v. Linkletter

Foote, C.

Action for damages alleged to have been caused by the .defendant driving his horse and vehicle, on a street of the city of Los Angeles, in such a negligent, careless, fast, and altogether reckless manner, and without ordinary care and caution, as to run over, knock down, and injure the plaintiff, etc. Judgment was given against the defendant, upon the verdict of a jury, in the sum of eight hundred dollars. From that, and an order refusing a new trial, the defendant appeals.

The court instructed the jury, in writing: “If the jury find, from the testimony, that the plaintiff was injured…