Osgood

This action was brought to recover damages for personal injuries to plaintiff, resulting from a collision between defendant’s (the Los Angeles Traction Com- party’s) street-ears, on which plaintiff was a passenger, and a car of the defendant (the Los Angeles Railway Company), a separate and different corporation. Both companies were joined as defendants, hut at the trial plaintiff dismissed the action as to the latter company. Plaintiff had the verdict of the jury, and defendant appeals from the judgment and order denying motion for a new trial.

The following instruction was given at the request of plaintiff, and is claimed by appellant to be error:—

Appellant’s objection is, that the jury were told, in effect, that the recited facts, if true, raised a presumption of negligence on the part of appellant; that it shifted the burden of proof to appellant to show that plaintiff’s injuries were sustained without its negligence; that it was error to charge the jury that appellant “is required to exercise the highest degree of care” in the transportation of passengers.

1. Section 2100 of the Civil Code declares: “A carrier of persons for reward must use the utmost care and diligence…