Riley

At Vine Street station in the city of Berkeley, while attempting at night on May 5, 1919, to board an electric train operated by appellant, plaintiff was seriously injured, and the appeal is from a judgment in his favor for the sum of forty-one thousand two hundred dollars. No objection is made to the sufficiency of the complaint, nor do we understand it to be seriously disputed that the evidence supports the verdict. However, that the peculiar feature of the case may be portrayed we quote the following from the testimony of plaintiff:

His testimony was substantially corroborated by that of Miss Mary Paiva, who witnessed the accident, and there is no doubt that a case is thus presented against appellant within the undisputed and well-established principle of liability of common carriers for the safety of their passengers. (10 Corpus Juris, 948; Nilson v. Oakland Traction Co., 10 Cal. App. 103 [ 101 Pac. 413 ] ; Franklin v. Visalia Electric Ry. Co., 21 Cal. App. 270 [ 131 Pac. 776 ]; Raub v. Los Angeles T. Ry. Co., 103 Cal. 473 [ 37 Pac. 374 ]; Boone v. Oakland Transit Co., 139 Cal. 490 [ 73 Pac. 243 ]; Cody v. Market St. Ry. Co., 148 Cal. 90 [ 82 Pac. 666 ].)

In the light of…