Ball

Plaintiff brought this action to recover from defendants damages alleged to have been caused to him by their negligent acts. The trial was had before a jury, and after a verdict was returned in favor of defendants the trial court granted a motion for a new trial. From that order this appeal was taken.

The evidence showed that in the month of May, 1910, defendants were engaged as common carriers in operating a bus between railroad depots and hotels in the city of Los Angeles; that plaintiff npon his arrival at what is called the Arcade Station took passage in the bus of defendants which delivered him at an up-town hotel; that while en route between the depot and hotel the rear left wheel of the vehicle came off and plaintiff was shaken and injured so that he was confined at a hospital for a number of weeks thereafter. The driver of the vehicle testified that he had charge of the oiling of the bus and that he oiled it twice a week, Mondays and Saturdays ; that he had oiled it on the Thursday preceding the Saturday when the accident occurred, as usual, and had put the nuts back and tightened them up at that time and had noticed nothing the matter with them; that after replacing the…