Hodges

Two cases are involved in this appeal: The one by N. W. Hodges for injuries to his wife received by her in alighting from the defendant’s train; the other by his wife for the same injuries. The two cases were by stipulation tried by the one jury, who returned a verdict for the defendant. The plaintiff appeals from the judgment thereon entered, and from an order denying her motion for a new trial.

One of the points urged by the appellant is that the court erred in holding that the plaintiffs were entitled to four peremptory challenges only. But in this there was no error. (San Luis Obispo v. Simas, 1 Cal. App. 175 , [ 81 Pac. 972 ].)

Other points urged are: That the evidence was insufficient to justify the verdict; and that certain instructions were erroneous. The former point, under the view we take of the case, need not be determined, but it will be proper, with a view to a consideration of the instructions, briefly to state the case as shown by the evidence.

The accident occurred at Alhambra in the county of Los Angeles. There are three tracks running east and west in front of the station, the main track being in the center. The ground between the platform at the station and…