Swain

Action for damages alleged to have been sustained by plaintiff through the negligence of defendant in running its street-car against a wagon in which the plaintiff was riding, and thereby violently throwing him to the ground.

The plaintiff recovered judgment for the sum of seven thousand five hundred dollars damages, besides costs, and from this judgment, and an order denying its motion for a new trial, the defendant appeals.

1. The evidence upon the part of the plaintiff tended to show that between seven and eight o’clock in the evening of September 12th, the plaintiff, who was a police-officer of Oakland, went in charge of the police patrol wagon to a railroad station in that city for the purpose of conveying to the hospital a young man whose leg had been broken. The injured man was placed on a stretcher in the wagon, and the wagon was driven along the track of the defendant’s street-railroad, not far behind a streetcar, and at about the same rate of speed. The car which the wagon was following turned off on a switch where the street-cars pass each other, and very soon thereafter a car coming from the opposite direction on the main track came in collision with the wagon, by…