Brininstool

This action was instituted to recover damages against the defendant for injuries alleged to have been sustained by the plaintiff, Estelle 0. Brininstool, in attempting to board an electric street-car belonging to and operated by the defendant in the city of Los Angeles. The case was tried before a jury, who rendered a verdict in favor of the defendant. Plaintiffs moved for a new trial upon all the grounds set forth in section 657 of the Code of Civil Procedure, except subdivision 5 thereof. The court granted the motion upon the ground that the evidence was insufficient to sustain the verdict. From this order the defendant has appealed and now contends that the trial court was guilty of an abuse of discretion in granting this motion.

In the complaint it is alleged that while the defendant’s car was at a standstill at the usual stopping place for taking on and letting off passengers, at the corner of Hill and Fifth Streets in the city of Los Angeles, the plaintiff, Estelle 0. Brininstool, undertook to board said ear for the purpose of becoming a passenger thereon, and that when she was on the lower step of said car, on her way into said car, the defendant negligently, carelessly,…