Orr

Plaintiff brought an action against defendant corporation for injuries allegedly sustained while attempting to board a public bus operated by defendant. Trial resulted in a jury verdict for defendant. Plaintiff appeals from the judgment, contending that a miscarriage of justice resulted from: (1) misconduct on the part of a juror and an agent of defendant; (2) misconduct on the part of defendant’s attorney in insinuating plaintiff was accident-prone and claims-conseious and had filed other claims against defendant; and (3) errors of law on the part of the trial judge in (a) giving, and (b) rejecting certain instructions which, plaintiff asserts, resulted in misleading the jury.

Plaintiff, who had previously obtained a transfer to defendant’s bus upon payment of a fare on another bus, was waiting for the bus involved in the instant action on the Wilshire side of the southwest corner of Wilshire and Fair-fax in Los Angeles, on September 27, 1960. At the time, plaintiff, a woman of 69 years of age was 5 feet 4 inches tall, and weighed between 160 and 185 pounds. She had a congenitally bad left knee, having been born with a deformed knee. She had been treated for arthritis since…