Perry

On the 18th of February, 1893, plaintiff and her sister were passengers on a street-car running from Pacific Grove, in Monterey county, to the Hotel del Monte. It was an open car drawn by two horses. Plaintiff sat upon the rear seat. As the car passed the Pacific Ocean House, on Alvarado street, the team shied and pulled the car from the track. Plaintiff’s *366 sister—as she testified—was thrown from the car by the jolt made when it left the track. Plaintiff was not thrown out, but, after the car had been drawn about one hundred and twenty feet, jumped out, and in so doing was injured. From the track the horses moved rapidly along the street, first toward the sidewalk and then the driver was able to pull them in toward the track, when they again moved toward the sidewalk, and were finally stopped when the car was against the curb, having gone about one hundred and eighty feet after the derailment. Had plaintiff remained in the car, as she might have done, she would not have been injured, but she says she jumped out fearing that the car would strike against the curb and be overturned. The street was not paved and was perfectly level. The curb was thirteen inches high.

Defendant…