Strock

This is an appeal from a judgment in favor of plaintiff and against defendant Pickwick Stages System, a corporation, entered in an action to recover damages for personal injuries. Shell Oil Company, a corporation, was also joined as a defendant, but as to it a judgment of nonsuit was entered and the corporation first named is the only appellant.

The plaintiff on November 5, 1928, was a passenger in appellant’s stage, which at the time he received the injuries complained of was being driven south along the highway near Los Gatos. The seats were placed crosswise of the vehicle, and were entered by doors on the right-hand side. At the end of each seat on the left-hand side were windows which might be opened by lowering the sash, and when this was done the top of the sash was nearly flush with the window sill. Plaintiff was seated at the extreme left end of the front seat immediately behind the seat occupied by the driver, which was separated from the seats of the passengers by a glass partition. The plaintiff had opened the window at his left and was sitting with his elbow on the sill. At the point on the highway mentioned the stage met a truck traveling north, which was loaded with…