Kramm

Plaintiff's intestate lost his life through the alleged negligence of the defendant, and the purpose of this action is to recover damages therefor. The jury by whom the questions of fact were tried awarded the plaintiff a verdict in the sum of eight thousand dollars, and this appeal is prosecuted hy the defendant from the judgment entered upon said verdict and from the order denying it a new trial.

The accident by which the deceased lost his life occurred in the month of October, 1900, and this action, which was commenced in June, 1903, has had five trials, the first resulting in a verdict in favor of the plaintiff. That verdict was set aside by the granting by the trial court of the defendant’s motion for a new trial. In the second trial the court granted the defendant’s motion for a nonsuit on the close of the plaintiff’s original case, and the plaintiff appealed from the judgment entered upon the order granting said motion. This court reversed said judgment and remanded the case for a trial upon its merits. (Kramm v. Stockton Elec. R. R. Co., 3 Cal. App. 606 , [ 86 Pac. 738, 903 ].) Upon the third trial the plaintiff obtained a verdict, which was set aside and a new trial…