Clare

From a judgment based upon a verdict by a jury in favor of plaintiff for damages in the sum of one thousand dollars and from an order denying its motion for a new trial, defendant has appealed.

It apears from the complaint that, on the thirtieth day of May, 1909, plaintiff applied at defendant’s ticket office in Corte Madera, a station in Marin' County, for the purchase of a ticket to San Francisco, but the office was closed and the agent could not be found. Plaintiff was compelled, therefore, to board the train without a ticket. Shortly thereafter defendant’s trainman demanded of plaintiff his fare and he thereupon paid the sum of thirty-five cents, which was the regular charge between the two points. The trainman, however, demanded the further sum of ten cents as an additional charge for the omission to purchase a ticket before entering the train. Plaintiff refused to pay any additional sum, stating to defendant’s agent the reason, as before indicated, why he failed to secure a ticket. Thereupon he was ejected from the train. Although no violence was used, it is claimed that from the illegal expulsion he sustained serious injury, the elements of which are set out in the…