Shropshire

This is an appeal by the defendants Pickwick Stages, Northern Division, a corporation, and George L. Toomey from a judgment entered against them upon a verdict of a jury in the sum of fifteen thousand dollars.

The plaintiff sustained severe personal injuries as a result of a collision between an autostage of defendant corporation upon which plaintiff was a passenger for hire and a Ford automobile. Said accident occurred in the said city of Los Angeles. At the time and place of said collision said auto- stage was being operated by defendant George L. Toomey, an employee of defendant corporation. The defendants’ first and principal ground urged for a reversal of the judgment is that the trial court erred in instructing the jury upon the burden of proof and the preponderance of the evidence. In order to understand this point it will be necessary to refer to the pleadings.

Plaintiff, among other things, alleges in his complaint, paragraph 11, “That on the 23rd day of September, 1923, the plaintiff was being carried as a passenger for hire by said defendant corporation in one of its stages, and while the same was proceeding southerly on Ventura Boulevard, the said stage was so…