Wright

This was an action in which the plaintiffs, who are husband and wife, obtained a judgment against the defendant, Yosemite Transportation Company, for three thousand five hundred dollars for injury to the wife suffered in an accident by which one of the defendant’s stages went off the grade between Camp Curry and El Portal, in the Merced Canyon, in Yosemite Valley, on the tenth day of July, 1910. As will be indicated by the length of time since the accident, the case has a history. This and a companion case by Wright against the company for the injuries to his wife were tried originally before a jury in the superior court of Mariposa County, Judge Trabucco presiding, and resulted in a judgment in favor of the company in the case we are now discussing. The plaintiffs moved for a new trial on various grounds, and the trial judge granted the motions, whereupon an appeal was taken from the order, and the matter was decided in the district court of appeal for the third district in the ease entitled as above, and reported in 28 Cal. App. 279 , [ 152 Pac. 54 ]. It was contended on that appeal by the Wrights that the trial court was warranted in granting the new trial upon the ground that…