Frost

This is an appeal by the defendant from an order granting the plaintiff’s motion for a new trial.

The cause of action stated was for damages from personal injuries to plaintiff, alleged to have been caused by the negligence of the defendant. Plaintiff alleges that he was riding in a street-ear operated by defendant along Ninth Street in Los Angeles, and that in preparing to alight from the car he fell or was thrown against the woodwork of the car and thence to the ground. The cause of his fall was the matter in issue. Plaintiff alleged that it was due to the carelessness of the persons operating the car and by the violent jerking of the car by said persons in operating it, that the ear was running at a high and dangerous rate of speed; that the appliances for stopping and starting it were so negligently adjusted as to cause the jerk which threw him off his balance, that the defendant failed to provide the car with proper means for starting and stopping without a jerk, and that the speed of the car was forbidden by a certain city ordinance. The jury returned a verdict for the defendant.

The plaintiff’s notice of intention to move for a new trial stated that it would be made on…