Bush

The defendant was the proprietor of a line of stage-coaches running between Hydesville, in the county of Humboldt, and Laytonville, in the county of Mendocino, and on the 2d of October, 1888, received the plaintiff as a passenger to be conveyed in one of his coaches over a portion of the route. While making this trip, the coach was overturned, and the plaintiff received certain injuries thereby, for which she brought this action, and recovered a verdict of nine hundred dollars. From the judgment entered thereon, and an order denying a new trial, the defendant has appealed.

The main proposition urged upon this appeal is, that the court erred in its instruction to the jury, that the proof by the plaintiff that she had been injured “ would cast upon the defendant the burden of proving that the injury was occasioned by inevitable casualty, or by some other cause which human care and foresight could not prevent.” There was no direct evidence of the immediate cause of the overturning of the coach, other than that while-driving in the night-time down a steep hill one of the horses became frightened and began to kick, and thereupon the team began to run until it got beyond the control of…

— I concur in the judgment only, because I am not prepared to say the rule is uni *206 versal that proof of injury in an-accident raises a presumption that it occurred through the negligence of the carrier. There are authorities which hold that “ each case must depend upon its own circumstances." (Madden v. O. & O. S. S. Co., 86 Cal. 448 .)