Einertsen

This action was brought to recover damages for personal injuries sustained by plaintiff, and this appeal is from a judgment .rendered in his favor and from an order denying a new trial.

The injuries were sustained by plaintiff while a passenger on one of the cars of the defendant company.

The complaint recites: That, on the twenty-first day of October, 1907, plaintiff boarded a ear at a point on Mission Street, near the foot thereof, in the city and county of San Francisco, said car being operated by defendant for the convenience of passengers; that plaintiff tendered and the conductor of said car accepted and received his fare; that at the time plaintiff was standing at the bottom step of the rear platform on the northerly side of the car, which was westbound, the steps and platform of which were crowded with passengers to such an extent that plaintiff was unable to enter the interior of the car, although he attempted so to do; that there was sufficient space in the interior of the car for all of the passengers thereon; and that, at the time of receiving his injuries, plaintiff was making an effort to gain an entrance therein from the outside step upon which he was standing;…