Werner

This is an appeal by the plaintiff from an order denying her motion for a change of the place of trial from the county of Yuba to the city and county of San Francisco, made on the following grounds: “1. That there is reason to believe that an impartial trial . . . cannot be had in the County of Tuba; ... 2. That the convenience of witnesses and the ends of justice would be promoted by the change.”

The case has already been tried twice. It appears from the affidavits used at the hearing of the motion that the jury in the first trial was unable to agree, standing six for the plaintiff and six for the defendant. In the second trial a verdict was returned in favor of the defendant. A new trial was granted on the ground of insufficiency of the evidence to justify the verdict. There appears to have been no difficulty in securing a jury at either trial. The plaintiff challenged but eight jurors for cause at the first trial and twelve at the second. The defendant owns property of the value of about one hundred thousand dollars, while the plaintiff is dependent “upon her daily labor in the City and County of San Francisco.” In plaintiff’s affidavit it is stated that the grandmother of the…