IV.

[That by reason of the negligence and carelessness of the defendant and his servants said trunks and their contents were wholly lost or were greatly injured to the further damage of plaintiff, dollars.]

for

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of this action.

That at the times hereinafter mentioned the defendant was the keeper of an inn in

I.

known as

inn by defendant as a traveller and guest, together with the baggage of plaintiff, consisting of a trunk containing, [describe the articles contained in said trunk] of the value of lars;

III.

dol

That the defendant and his servants conducted themselves so negligently and carelessly in regard to the same that while plaintiff remained at said inn as such traveller and guest his said trunk and its said contents were taken away from the room in said inn occupied by plaintiff as such guest by some person or persons to plaintiff unknown, and thereby the same became wholly lost to the plaintiff, to his damage dollars.

for

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of this action.

GH,

Attorney for Plaintiff.

That at all the times hereinafter mentioned, the defendant was the sheriff of

That on the

county, in this state;

II.

day of, in an action in the Superior Court of the state of California, in the county of

wherein this plaintiff was plaintiff and one C D was defendant plaintiff recovered judgment, which was duly given and made, against said CD for dollars, which judgment was there

erty of CD was issued to enforce said judgment, and was delivered to the defendant as the sheriff of said county of [state the legal effect of such execution as in form 158.]

IV.

That at the time of said delivery of said execution to the defendant as sheriff as aforesaid, there was within said county of property belonging to said C D, not exempt from execution, namely, [describe such property] out of which the defendant might have satisfied said judgment, and of which property the defendant then and there had notice, and since such notice, said C D has sold said property, and he is insolvent, nevertheless the defendant, in violation of his duty as such. sheriff, failed to levy on said property, or any part thereof, as by said execution he was required to do, and he has returned said execution wholly unsatisfied and said judgment against C D is wholly unpaid and unsatisfied to the damage of plaintiff dollars.

for

WHEREFORE plaintiff demands judgment against defendant -dollars, and plaintiff's costs of suit.

GH,

Attorney for Plaintiff.

FORM NO. 44.

AGAINST A VENDOR FOR DECEIT ON SALE OF LAND.

[Name of Court.]

Plaintiff complains and alleges:

That plaintiff on the

I.

day of

made a contract in

writing with defendant to buy of him a tract of land owned by the said defendant, situate in and described as [describe the land] which said tract of land the defendant, with intent to deceive and defraud the plaintiff, and to induce him to enter into said contract for the purchase of said tract of land, falsely represented to plaintiff that said tract of land contained acres, when the defendant then well knew that it contained, and it did contain only acres; and the plaintiff, confiding in the truth of said representations, and deceived by said representations, and supposing and believing that said tract of land did contain said quantity of acres, entered into said contract with the defendant to purchase from him said tract of land, and to pay him therefor the sum of — dollars, and did under said. contract pay to defendant said sum tract of land.

II.

of

dollars for said

That in fact said tract of land did not contain acres, but it contained only

acres; whereby and by rea

son of the premises plaintiff has sustained damage in the sum

of

for

dollars.

WHEREFORE plaintiff demands judgment against defendant dollars, and plaintiff's costs of suit.

G H.

Attorney for Plaintiff.

FORM NO. 45.

AGAINST THE KEEPER OF A VICIOUS DOG FOR PERSONAL

INJURIES INFLICTED BY THE DOG.

[Name of Court.]

Plaintiff complains and alleges:

I.

That at the times hereinafter mentioned defendant kept a

ferocious and mischievous dog, accustomed to attack and injure mankind; and defendant well knew said dog to be ferocious and mischievous, and accustomed to attack and injure mankind.

II.

That the defendant while he kept said dog, as aforesaid, negligently suffered such dog to go at large without being securely guarded or confined.

III.

day of

That on the said dog, while in the keeping of the defendant, and while at large and not securely guarded or confined, attacked and bit and wounded plaintiff in the leg, [and state other injuries if any] whereby this plaintiff became lame and sore, and suffered great pain, and was prevented from going on with his business, as he otherwise would have done; and was obliged to and did expend dollars in endeavor

ing to be cured of said wounds and injuries, to plaintiff's damage,

dollars.

WHEREFORE plaintiff demands judgment for

lars, and plaintiff's costs of suit.

dol

G H,

That at the times hereinafter mentioned the defendant was and is a corporation organized under the laws of the state of and was the owner of [or was in the possession of] a certain railroad known as railroad, and of the track, cars, locomotives, and other appurtenances thereto belonging, and was using the same for the transportation of goods and passengers, for hire:

elling in a wagon and two horses, the property of plaintiff, and of the value of dollars, along a public highway

known as [give name of highway] in the county of

to

in this state, leading from and which crossed the track of said railroad at, [describe where said crossing was] and as the plaintiff had reached said crossing, the defendant carelessly and negligently caused one of its locomotives, with a train of cars thereto attached, to approach said crossing, and then and there to pass rapidly over the track of said railroad at said crossing, and negligently and carelessly omitted, while so approaching said crossing, to give any signal by ringing the bell or sounding the steam whistle, or otherwise, by reason whereof the plaintiff was unaware of the approach of said locomotive, and train of

cars;

III.

That trees [or a building] were near said track on the side thereof on which the plaintiff and said locomotive and train of cars were approaching, which prevented plaintiff from seeing said locomotive and train of cars until too late for plaintiff to avoid the collision hereinafter mentioned; and that by reason of said negligence and carelessness of the defendant, and of its servants and employees, and without any carelessness or negligence on the part of the plaintiff the said locomotive struck the plaintiff's horses and severely injured them, and injured said wagon, so that said horses and wagon were worthless, and also thereby caused the plaintiff to be thrown out of said wagon and upon the ground, with such force as to fracture his arm and otherwise to injure him by [state the injuries sustained;] and that thereby plaintiff has been deprived of the use of said wagon and horses, and was caused great pain and suffering, and has been put to the expense of -- dollars in endeavoring to be cured of said injuries; and was and still is prevented from going on with his business as he otherwise would have done; and he is, as he believes, permanently injured so that he will never be as strong, or able to carry on said business, or any business, as efficiently as before, to his damage,

dollars.