Sanchez

This is an action for personal injuries. The jury returned a verdict in favor of plaintiff for the.sum of twenty-five hundred dollars. The defendant Pacific Auto Stages, a corporation, operates auto stages upon the San Francisco-San Jose highway. The defendant Gallimore is an employee of the defendant corporation, in charge of a bus running from the center of the town of Mountain View to the San Franeiseo-San Jose highway. The Peninsula Rapid Transit Company also operates stages upon the main highway and transports passengers holding Pacific Auto Stages’ tickets. Just prior to the accident, plaintiff purchased a Pacific Auto Stage ticket from its representative, Gallimore. This token entitled plaintiff to transportation from Mountain View to San Jose. The purchase was made at one of the customary places of sale near the point of departure of the San Jose stage, to wit: The stopping site across the highway of the Mountain View bus. Plaintiff inquired the time of the arrival of the next bus from San Jose and the agent replied “soon ... it is coming—it is here now”. Thereupon Gallimore walked with plaintiff in crossing the highway. There is some conflict in the evidence whether…