Dodge

This is an action by the plaintiff to recover the sum of ten thousand dollars as damages for personal injuries. The jury, before whom the cause was tried, returned a verdict in favor of the plaintiff for the sum of six hundred dollars.

This appeal is by the defendant from the order refusing to grant it a new trial.

Insufficiency of the evidence to justify and support the verdict, errors in rulings upon the evidence, and error in overruling the demurrer specially directed against certain averments of the complaint, are the main points relied upon for a reversal.

I. The plaintiff, 62 years of age and a resident of Thermalito, Butte County, having visited and been in the city of Marysville, on the first day of November, 1911, on the after noon of said day went to the depot of the defendant in the last mentioned city and purchased a ticket entitling him to transportation on the defendant’s railway train from said city to his home. It appears that at the hour when the plaintiff should have boarded a train which would have taken him to Thermalito, two trains met at Marysville—one north bound, going to Thermalito, Oroville and other points north of Marysville and the other south bound…