Morgan

Plaintiffs, wife and husband, brought this action for the recovery of damages, for injuries received by the wife, through derailment of a car being operated by defendant on its main line in Arizona, while she was a passenger thereon. All the allegations of plaintiffs with relation to the negligence of the defendant and the injuries to Mrs. Morgan were denied by the defendant. For a further answer and defense, it alleged that the derailment of the train was caused by a break in the track, through no carelessness or negligence of itself, or any of its servants, but resulted from latent defects in the rail not discoverable by usual and ordinary inspection and examination. Defendant asked for a directed verdict, which was refused. The jury found in favor of the plaintiffs for three thousand one hundred dollars. A motion for a.new trial, made by defendant, was denied, and this appeal is from the judgment entered on the verdict in plaintiffs’ favor.

The train on which the injured plaintiff was. riding was running westerly from Yuma to Los Angeles. At the time of the accident it was late, and, according to one witness, “running very fast.” The derailment took place on a “two-degree,”…