Center

Plaintiffs are husband and wife, and brought this action for damages for injuries alleged to have been inflicted on the wife, Hilma Johnson, by the servants of defendant in running a railroad train against a buggy, in which said Hilma Johnson was riding, whereby she was thrown from the buggy and her foot caught under the engine and injured. The action was tried before a jury, and the verdict was in favor of plaintiffs. Defendant appeals from the judgment and from the order denying his motion for a new trial.

At the close of plaintiffs’ case defendant moved for a non-suit, which was denied, but the record fails to show upon what grounds the motion was made, for which reason we cannot say that the court erred in its ruling. The record simply states that at the close of the plaintiffs’ case “defendant moved the court for a judgment of nonsuit in said action”; and that it was argued, denied, and exception reserved, being almost an exact counterpart of the record in Durfee v. Seale, 139 Cal. 603 , [ 73 Pac. 435 ], where it was said: “The motion in this case did not specify any grounds whatever, and the motion was therefore properly denied.” (See, also, Silva v. Holland, 74 Cal. 531 ,…