Harrell

This is an appeal from a judgment in the plaintiff’s favor for the sum of one thousand five hundred dollars and costs of suit in an action brought to recover damages for personal injuries.

The plaintiff alleged in his complaint that he was a passenger for hire upon one of the' ears of the defendant operated along and upon the streets of Fresno; that when the car had proceeded along its route to a certain street it stopped to enable the plaintiff and other passengers to alight therefrom ; that while the plaintiff was in the act of alighting from said car, and while partly thereon, having his left foot upon the ground and his right foot upon the running-hoard, and while still holding on to the upright stanchion with his right hand, the employees of the defendant in charge of the ear negligently caused the said car to be suddenly and violently started forward, causing the plaintiff to he thrown to the ground, breaking his left leg and causing other injuries and damages as detailed in the complaint.

The answer of the defendant admitted that the plaintiff had been a passenger upon its said car, but denied that the car had been started until after the defendant had fully alighted and…