Leonard

This is an action for personal injuries alleged to have been suffered by the plaintiff Sophie K. Leonard' while a passenger upon a stage-coach owned by the defendant Pickwick Stages System, a corporation. The cause was tried by the court sitting without a jury and judgment was rendered in favor of the plaintiff Sophie K. Leonard in the sum of $2,500. The judgment further provided that the plaintiff Samuel Leonard take nothing by the action. The defendant has appealed from the judgment.

In support of its appeal, the appellant insists that the evidence is wholly insufficient to justify the findings of the trial court. The evidence discloses that on December 3, 1923, the plaintiff Sophie K. Leonard was a passenger for hire traveling from El Centro to San Diego, California, upon a motor stage owned and operated by the defendant. Mrs. Leonard testified that she paid her stage fare; that when the stage left El Centro the weather was cloudy but about an half hour after leaving El Centro it began to rain and it rained off and on during the rest of the trip; that just before the accident and at the time of the accident it was raining very hard; that the last stop made before the accident…