Holloway

This action was brought by plaintiff to obtain a -judgment against defendant for damages received by plaintiff in falling or being thrown off of one of defendant's electric-cars while said car was in motion.

At the close of the evidence the court directed the jury to return a verdict for the defendant, and upon the verdict thus returned judgment was entered. This appeal is from the judgment and from the order denying plaintiff's motion for a new trial. It appears from the evidence that on the twenty-fifth day of November, 1897, the plaintiff was returning.from Santa Monica to Los Angeles on one of defendant’s cars. The car was crowded, and plaintiff was seated on the front platform with his feet resting on the step. As the car ran over a certain cattle-guard near Eosedale Cemetery, on defendant’s track, plaintiff fell or was thrown from the caí and under it, so that one foot was crushed and the other badly injured. Plaintiff claims that his feet were caught by timbers extending upward from the trepch or portion of the cattle-guard under the track. The timbers or steps forming a portion of the cattle-guard were four and a half inches below the step of the car. It is claimed in…