Clarkson

The plaintiff was riding as a passenger on one of the street-cars operated by the United Railroads at a time when the street-car came in collision with the rear end of a train of freigiht-cars that was being operated by the Western Pacific Railroad Company. He commenced an action against both defendants to recover damages for the injuries which he sustained. The jury brought in a verdict in the plaintiff’s favor against the United Railroads but in favor of the Western Pacific Railroad Company. The United Railroads thereafter made a motion for a new trial. The trial court denied the motion on the condition that the plaintiff should waive five thousand dollars of the amount of the verdict. The plaintiff accepted the condition and filed his waiver, and from the judgment as modified the United Railroads has appealed, bringing up the judgment-roll and a bill of exceptions.

During the trial of the ease the plaintiff introduced in evidence the American experience mortality tables; thereafter the court instructed the jury that the tables were admitted merely as a guide to estimate the damages, in the event that the jury should find that the plaintiff had been permanently injured. The…