Braly

Action for personal injuries.

The cause was tried by jury and verdict for $5,000 returned in favor of the plaintiff.

Judgment was thereupon entered in favor of the plaintiff* for the damages so assessed by the jury.

The appeal is from the judgment and the order denying defendant a new trial.

The injuries complained of and for which damages were awarded were received by the plaintiff as the result of a fall from appellant’s car in the city of Fresno, said fall having been caused, it is alleged, through the culpable'negligence of the defendant, committed through its agent.

The appellant owns and operates a street railway system in the city of Fresno. One of its lines runs from the passenger depot of the Southern Pacific Company, in said city, over and along J street to the conjunction of J and Stanislaus, streets. At this point the track divides into two branches, one branch traversing north along J street and the other east, along Stanislaus street. Certain of the ears—called the North. Park cars—leaving the depot run out J street, and others go-out as far as the intersection of J and Stanislaus streets, thence east out the latter street. The last mentioned are- called and…