Franklin

Action for personal injuries. Verdict and judgment for $1,750 in favor of plaintiff, from which defendant appeals, the case coming up on the judgment roll, which includes the evidence embodied in a bill of exceptions.

On the trial it was admitted that the defendant, a corporation, owns and operates a motor-railroad running from San Bernardino to Colton. The proof shows that the road is operated with cars propelled by steam-power.

Two points are presented and insisted on upon the appeal: 1. That the court erred in denying defendant’s motion for a nonsuit; 2. That the evidence is insufficient to justify the verdict.

1. It was shown on behalf of plaintiff that on the morning of June 30, 1888, she entered the car of defendant at Ban Bernardino as a passenger to be transported thence to Colton. Owing to some difficulty in making change, her fare was not paid in advance, but it was paid at Colton, before she attempted to alight from the car. No question is made but that she was a regular passenger, and had all the rights of transportation, care, and protection that is due to any passenger traveling by railroad. The road of defendant enters Colton from the north by way of Conn Street.…