Bailey

This is an appeal by the defendant from an order of the court granting a new trial. The action is brought to recover damages for personal injuries received by plaintiff by coming in contact with a moving cable-car, upon the Market street cable road of the defendant. At the trial in the court below, the court granted a nonsuit upon motion of the defendant; and the propriety of this action was the question involved in the motion for a new trial.

The plaintiff, a woman at the age of sixty-six years, in the possession of all her natural faculties, but apparently unfamiliar with cable-cars, being at the Buss House in San Francisco, was invited, on the afternoon of July 19, 1892, by her friend, Dr. George L. Fitch, to take a ride upon the Castro street cars. Pursuant to this invitation the plaintiff, in company with the doctor, proceeded to Market street, up the northerly side of that street to or near a crossing which crosses the street at right angles from the northerly entrance of the Palace Hotel. Plaintiff desired to ride upon the outside. A west-bound Castro street cable-car of defendant was approaching, and, as the seats thereof on the northerly side seemed occupied, while the…