Gainer

This is an appeal by defendant, United Railroads of San Francisco, a corporation, from a judgment rendered in favor of plaintiff, Margaret A. Gainer, whereby plaintiff was awarded the sum of $5,000 damages for personal injuries received by her while alighting from a street-car operated by the defendant company.

Insufficiency of the evidence and erroneous instructions! are the grounds upon which the appeal is taken.

The accident occurred about 8 o’clock in the evening of February 6, 1917, at the comer of Mission and Oliver,' Streets. The car on which the accident occurred was one of the so-called suburban type, the front and rear entrances (or exits, as the case may be) on the right side being allowed to remain open so that passengers might enter or leave the- car at will without operating gates. On the left side, however, the gates were closed. Plaintiff, who, at the time of the accident, was sixty-five years of age, had been riding in the inclosed part of the car, and, as it neared her stopping place, she went to the front platform and requested the motorman to stop the car at Oliver Street. The motorman proceeded to check the speed of the car, and, as he was bringing it to a…