Wulferdinger

The plaintiff herein was a fellow-passenger with Robert 0. Even, in an autostage, which in August, 1928, left the road and plunged over a cliff some forty feet into a creek-bed. Each was injured, and each brought an action to recover the damage they had respectively sustained. Each recovered a judgment from which in each instance an appeal was taken. In the case of Even v. Pickwick Stages System, ante, p. 636 [ 293 Pac. 700 ], a decision has this day been filed.

In the case now before us the trial was.by a jury which rendered a verdict for the plaintiff for $12,500, general damages. The evidence upon the question of negligence was substantially identical with the evidence in the Even case. In this appeal from the judgment' in the case now before us, the defendant makes little contention as to any failure of proof of negligence on its behalf. However, that question has been answered adversely to defendant in the case of Even v. Pickwick Stages System, above referred to. This leaves defendant’s contention that the verdict is excessive, so excessive as to bear evidence that it was rendered under the influence of passion and prejudice as the sole question to be disposed of.

On…