Trulsson

This is an appeal from a judgment in the defendant’s favor after the granting of a motion for nonsuit at the close of the plaintiff’s ease.

The action was one to recover damages for injuries sustained by the plaintiff through the alleged negligence of the defendant. The facts of the case are these: The plaintiff, who at the time of the injuries complained of was, and for a period of between two and three years prior thereto had been, a resident of Palo Alto, had, on the thirteenth day of March, 1917, purchased a commutation-ticket book which entitled him to a first-class daily passage upon the trains of the defendant to San Francisco and return. Thereafter and up to the 21st of March, 1917, the plaintiff had made six trips between said points upon his commutation-book. On the last-named date, at about 4 o’clock P. M., the plaintiff presented himself as a passenger at the San Francisco depot of the defendant and exhibited his book to the gatekeeper at one of the then open gateways which were there maintained leading to outgoing trains. The gatekeeper admitted him and the plaintiff boarded a train then loading with passengers, and apparently about to start on the way to his desired…