Taylor

This is an action for damages for personal injuries. The cause was tried by a jury, who returned a verdict in favor of the plaintiff in the sum of five hundred dollars.

Dissatisfied with the verdict, the plaintiff applied for a new trial, which was granted. This appeal is prosecuted by the defendant from the order granting a new trial.

The accident resulting in the injuries to the plaintiff occurred in the city of Chico, at about the hour of 12 o ’clock, on the night of December 24, 1910.

The defendant, at the time of the accident, was operating a line of railway extending from the city of Chico to the city of Sacramento, said line passing through the first named city over and along a street therein which is designated and known as “Main Street.”

The complaint in substance alleges: That, on the night above mentioned, the defendant’s train left its depot at the corner of Main and First streets, in said city of Chico; that the train was started and run through Main Street at a rapid and dangerous rate of speed; that the switch and frogs on the track and the valve of the air brake were defective, which defectiveness was due to the negligence of the officers, agents, and employees…