Wright

The plaintiffs are husband and wife, and this action was by them instituted for the recovery of damages, alleged to have been sustained by the plaintiff, Corinne K. Wright, from personal injuries which are charged to have been caused by the negligence of the defendant.

The jury, by whom the action was tried, found for the defendant, and thereupon the plaintiff moved for a new trial on the usual statutory grounds, among them that the verdict was not justified by the evidence, and the motion was allowed.

TMs appeal is by the defendant from the order granting said motion.

The general facts are well and briefly stated in the brief of counsel for the defendant as follows: “On July 10, 1910, Corinne K. Wright became a passenger upon a stage of the defendant company which was driven from the Hotel Sentinel, in the Yosemite Valley, to El Portal. Corinne K. Wright had paid for her ticket and the defendant was a common carrier. While the stage, which was drawn by four horses, was proceeding from the Sentinel Hotel along the national highway toward the western boundary of the national reservation near El Portal an accident occurred which resulted in both the horses and stage going over a…