Griffin

This is an action to recover damages by a passenger on one of defendant’s cars, based on the claim of negligence in the operation of a car upon which plaintiff was being carried. Trial was by the court, with findings and judgment against defendant, from which and an order denying a new trial defendant appeals.

The court finds that on September 26, 1902, plaintiff was a passenger on one of defendant’s cars which were being operated on Raymond Avenue within the city of Pasadena; that it was the duty of defendant to stop such ear at the crossing of Union Street with Raymond Avenue in said city; that when approaching snch street-crossing plaintiff notified defendant’s servants to stop thereat that the plaintiff might alight from snch car; that the speed of the car was slackened as if to stop, and plaintiff arose from his seat and proceeded to the rear door of the ear, which was open, and stood there waiting for the car to come to a full stop; that while standing the defendant’s servants carelessly and negligently caused the electric power to be turned on suddenly, thereby giving the car a sudden jerk, by reason of which plaintiff was thrown out of the door of the car and violently to…