McKernan

Plaintiff sued to recover damages for personal injuries alleged to have been caused by the negligent acts of defendant. Trial before a jury was had, resulting in a verdict in favor of plaintiff for the sum of $2,750, upon which verdict judgment was entered. Defendant appeals from the judgment and from an order denying its motion for a new trial.

Errors assigned: First, that the court should have granted, the motion of defendant for a judgment of nonsuit at the conclusion of the introduction of testimony for plaintiff; second, that challenges for cause interposed by plaintiff as to certain jurors were improperly allowed; third, that the court erred in giving an instruction to the jury on the question as to what damagés might be recovered against defendant.

Plaintiff, on the ninth day of April, 1907, was a laborer engaged in working upon the streets of the city of Los Angeles. On the evening of that day after quitting his work he rode on the wagon of one Bachman, a teamster, to the comer of Ninth and Los Angeles streets. Bachman drove westerly along Ninth street, and as he neared the corner of Los Angeles street he drew his team and wagon close to the curb on the north side of…