Patton

Plaintiff on April 2, 1908, was employed as a motorman on a passenger ear of defendant which was engaged in making runs between the cities of Los Angeles and Santa Monica. On the day mentioned the car upon which plaintiff was at work was proceeding west and had been given the “right of way.” The conductor of another car of the same employer, which car was proceeding in the opposite direction, had been instructed by the train dispatcher to await orders at Gayland station. He disregarded these orders of the dispatcher and caused his ear to proceed easterly along the track, and as a result it collided with the car upon which plaintiff was employed and caused plaintiff grave physical injuries. This action was brought to recover the sum of $25,950 as damages. By the answer of defendant it was admitted that the accident occurred because of the negligence of the conductor, who disregarded the orders of the dispatcher, issue being taken by the answer only on plaintiff’s allegations as to the character and extent of the injuries suffered and the amount of damages sustained. The jury returned a verdict in favor of plaintiff in the sum of $12,500, upon which judgment was entered. Defendant…