Seller

Plaintiff brought this action to obtain judgment for ten thousand dollars damages, claimed to have been suffered by him by reason of personal injuries alleged to have been inflicted through the negligent operation of one of defendant’s cars, while he was a passenger thereon. The case was tried by a jury, and verdict was rendered in favor of plaintiff for five thousand dollars. From an order denying its motion for a new trial defendant appeals. Two points only are made for reversal in the briefs of counsel for appellant, viz.: 1. That the evidence showed no negligence on the part of defendant; and 2. That the evidence showed that plaintiff' was guilty of negligence proximately contributing to his injury.

The plaintiff at the time of the accident was thirteen years old. Sent upon an errand by his employers, he boarded an electric car of defendant at Twentieth and Kentucky streets, San Francisco. The car was one of the largest of defendant’s cars, with open sections at each end and two steps leading to the ground therefrom, which steps ran the entire length of the open sections on both sides. These steps, both upper and lower, extended beyond the sides of the ear. When plaintiff…