Storrs

The plaintiff’s intestate brought this ■action to recover damages for personal injuries sustained, through the negligence of the defendant, while being carried as a passenger upon one of its cars in the city of Los Angeles. The cause was tried before a jury, and a verdict rendered in favor of the plaintiff for the sum of two thousand dollars. After the rendition of the verdict and the entry of judgment thereon, the plaintiff died, and his executor was thereupon substituted as plaintiff in the cause, under an order of the superior court. The defendant moved for a new trial, which was denied, and from this order and the judgment defendant has appealed.

The court instructed the jury that they were not at liberty to give punitory damages, but that they could award the plaintiff “ only such actual damages as the evidence shows to a reasonable certainty he has sustained by reason of the accident of which he complains.” It also gave to the jury the following instruction: “If the plaintiff is entitled to recover, the measure of his recovery is what is denominated compensatory damages,— that is, such sum as will compensate him for injury he has sustained. The elements entering into damage…