Wieland

This is an action for damages caused by wrongfully ejecting plaintiff from one of defendant’s trains. The pertinent facts may be summarized as follows: For several months prior to June 18,1902, passengers had been carried to and fro between Fresno and Rolinda in the caboose of a freight-train. The custom, as shown by the evidence, was for passengers to board the train at either point and pay the fare to the conductor, who always collected such fare from passengers in the caboose. On the date mentioned respondent and other passengers entered the caboose, to be earned to different points along the route, plaintiff’s destination, being Rolinda. Rolinda is a flag station where this train stops on signal, and it was the custom to let passengers on and off at this point. Kearney’s spur is a switch about two- and one third miles from Rolinda, at which there are no-houses ; there are, however, three houses within a distance of' one and one quarter miles. The brakeman testified that before leaving Fresno he entered the caboose, and, in a tone loud enough to be heard by any one therein, announced that the train would not stop at Rolinda that night, and that thereupon some men left the…