Eylenfeldt

This appeal is taken by the defendant from a judgment of the superior court of the city and county of San Francisco sitting without a jury, and from an order of said court denying defendant’s motion for a new trial.

The action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff while being ejected from one of defendant’s street-cars.

The learned trial court awarded plaintiff judgment in the sum of two thousand dollars, but this amount was later reduced to one thousand six hundred and fifty dollars.

The facts are as follows: Plaintiff and one Frank Clem, a friend, boarded a street-car of the defendant at Third and Mission streets in San Francisco. They sat together on the front platform. When the car had proceeded a block the conductor appeared to collect fares. Clem, who was nearer the conductor than the plaintiff, handed the conductor a ten cent piece, and the latter returned five cents in change. He then asked the plaintiff for his fare, whereupon plaintiff handed him two nickels and said “Two.” The conductor registered two fares and turned away, when plaintiff, learning that Clem had paid his own fare, demanded the return of…