Muller

This action was brought to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendants. The trial court granted a motion for a nonsuit made by the defendant San Francisco District Telegraph Company after the plaintiff’s case in chief was closed. Plaintiff recovered a verdict and judgment of five thousand dollars against the defendant Anais Hale, who now appeals from the judgment, and also from an order denying a motion for a new trial.

1. Appellant claims the court erred in refusing to allow the defendant Hale four peremptory challenges. During the impanelment of the jury the defendants had joined in challenging three jurors, and the defendant Hale peremptorily challenged another juror named Hugh Fraser, but the co-defendant, San Francisco District Telegraph Company, refused to join in this challenge. Thereupon the court overruled the challenge. “Either party may challenge the jurors; but where there are several parties on either side they must join in a challenge before it can be made.” (Code Civ. Proc., sec. 601.) A similar provision was contained in the old Practice Act. The appellant concedes that the ruling of the court…