Jansen

This is an action for damages. It was occasioned by serious personal injuries received by appellant at Encinal station, Alameda, on the railroad of respondent, and which were due, so it is alleged, to the negligence of respondent in running its train “at an improper and negligent rate of speed and at an improper and negligent point of time without notice of warning of any kind whatever, and so negligently that it ran upon said plaintiff and threw him to the ground.”

The case is somewhat unique in this, that no objection by either party was made to any of the testimony; only five simple instructions were requested by appellant, and tiiree by respondent; without substantial modification they were all given by the court and the verdict of the jury was in favor of the corporation.

By the learned counsel for the appellant only one point is deemed sufficiently vulnerable to merit attention and invite attack. With commendable brevity and simplicity it is urged that prejudicial error was committed by the court in giving the following instruction: “I instruct you that it was the duty of the plaintiff to have a reasonable regard for and pay such reasonable attention as a reasonable man…