Dinnigan

Action for damages on account of personal injuries. Findings and judgment for defendant. Appeal by the plaintiff from said judgment, and from the order denying a new trial.

Plaintiff was a passenger for hire upon defendant’s stagecoach, such stage-coach having capacity for nine, but was carrying only six, passengers. The route being traversed was rough and mountainous; the stage was driven by a thoroughly competent and skilled man, and all of the appointments were in perfect condition. The stage thus driven was met by a ten-horse team upon this mountain road, and the driver of the stage undertook to pass the team by turning to the right. The evidence of Pritchard, the driver, is: “ The place outside the road where I drove down was not bad looking from above. As far as I could see, it was a rocky ridge that went down and narrowed up. At the point where we turned in it hadn’t been very bad only for the big loose boulders. Looking on down it got narrower and the hills broke off steep to the right, and the road was very abrupt on the left-hand side also until you got farther down. The embankement was formed by throwing loose rocks out of the road. The rut where I turned in was about…