Murray

Plaintiff delivered 35 cows to defendant, a common carrier, on February 20, 1923, at Gordon, California, for shipment to Hynes, California. He alleges that the stock was badly damaged by the negligence of the defendant, first, in not properly sanding the floor of the car containing the cows, and, second, in causing the car to be violently jerked, and seeks damages for the injuries sustained. The trial court granted defendant’s motion for a nonsuit at the close of plaintiff’s evidence and the plaintiff appeals from the judgment rendered upon the granting of the motion.

Defendant contends that negligence on its part was not shown. Plaintiff was sworn as a witness and testified that he accompanied the stock on the freight train over the Tehachapi Pass and that he examined the floor of the car in which the cattle were shipped; that there was “practically no sand at all in the car. There wasn’t a fraction of an inch in there. Two or three handfuls is all. You could see the boards through the sand.” He further testified that he paid to defendant the customary charge for sanding. It was shown in evidence that defendant’s published rules and regulations governing the transportation of…