MacPherson

This action was brought to recover damages for injuries to the person and property of the plaintiff alleged tg have been caused by the negligent operation of an automobile stage by defendant company. The latter denied that the injuries were caused by its acts or negligence, and alleged as a further defense the contributory negligence of the plaintiff.

The jury found for the plaintiff in the sum of two thousand five hundred dollars, and from the judgment entered on the verdict the defendant has appealed.

It is contended that the evidence was insufficient to support the verdict, and that the conduct of the jury and of counsel for the plaintiff was prejudicial to the rights of the defendant and prevented it from having a fair trial.

The accident occurred at a point on the public highway between Korbel and Blue Lake, in Humboldt County. The plaintiff, accompanied by Mrs. Hattie McDaniel, was driving his automobile—a Buick roadster—toward Korbel, and at the point where the accident occurred met the automobile stage owned and operated by the defendant. The road at this point passes around a hill which on the left, approaching Korbel, forms a steep bank. On the right a fence had been…