Melone

Plaintiff was a passenger upon one of defendant’s trains, and was injured by a collision between his train and another, also belonging to defendant. He brought his action to recover damages for injuries inflicted, and the jury returned a verdict in his favor. From the judgment which followed defendant moved for a new trial, which the court refused. Defendant appeals from the judgment and from the order refusing it a new trial.

1. It is urged that the court erred in not allowing the challenge for bias interposed by defendant to one of the panel. But it has long been the rule of this court that it will not review the action of the trial court in this regard, unless prejudice or injury is shown. (People v. McGungill, 41 Cal. 429 ; People v. Gatewood, 20 Cal. 149 ; People v. Gaunt, 23 Cal. 157 ; People v. Weil, 40 Cal. 268 .) By the record before us it is not made to appear that defendant was forced to exercise a peremptory challenge upon the juror, or that defendant had exhausted his peremptory challenges. In no way, therefore, is it established that it suffered any detriment by the ruling of the court.

2. It is contended that the court erred in refusing defendant’s application…