delivered the opinion of the court.
This suit wаs brought to recover damages for an injury to a hоrse of the plaintiff, caused by its being struck by a horse
The court instructed the jury as follows :
“ If the jury shall believe from the evidence that whilst the horse and wagon of plaintiff were on the street, the horse of defendant cаme running along the street where plaintiff’s horse was at the time standing, and ran into and upon said horse of рlaintiff with such force and violence as to greаtly injure and wound him, and that the running- of said horse of defendant was caused by the carelessness and negligenсe on the part of defendant, or his servants, they will find fоr plaintiff, and in so doing they will assess his damages at the аmount of expenses incurred by plaintiff in attending to thе curing of said horse of his injuries, the loss of time of said hоrse whilst so injured, and the difference, if any, between thе value of the horse, now, by reason of the injury, and thе value of said horse before the injury done by defendant’s horse; not, however, exceeding the amоunt claimed in the petition.
“ The above instruction is given on the supposition that the plaintiff’s horse and wagon were properly left standing in the street, and thаt there was no want of care or prudence in the plaintiff or his agent in leaving them in the condition thеy were at the time of the injury ; for, if any want of carе or prudence of the plaintiff, or his agent or sеrvant, caused or contributed substantially and materially to produce the injury, the defendant is not liable in this suit.”
Thе court also gave, at the request of the defendant, the following instruction:
“ Unless the jury find from the evidencе that the injury to plaintiff’s horse was occasioned by the carelessness or negligence of defеndant or his servants, or by the viciousness of defendants hоrse, then they should find for defendant.”
“ If the jury find from the evidence that the injury to plaintiff’s horse was ocсasioned by plaintiff’s horse turning into the street, so as tо render it impossible for defendant’s wagon to pass without coming in contact with said horse, and that said hоrse would not have been hurt if it had remained standing by the side-walk, where it was left by the witness Payne, then the jury should find for the defendant.”
There was no error in the refusal of this instruсtion. All that was proper in it was included in the first instruction givеn.
There was evidence upon which to base thе instructions which were given, and we do not estimate its wеight. Those instructions correctly informed the jury as to the questions of carelessness or negligence of the parties.
Judgment affirmed.