Finkeldey

The plaintiff was injured in attempting to board a car of the defendant at the corner of San Bruno road and Army street, in San Francisco, and brought this action to recover damages therefor, alleging that the injury was caused through the negligence of the defendant “in failing to bring said car to a full and sufficient stop at the time plaintiff was boarding *30 said car for the purpose aforesaid, and in failing to provide said car with guards as required by law.” The circumstances connected with the injury are detailed in his testimony as follows: “When the car came along, and was about thirty feet away from me, I held up my hand for the driver to stop. He came along at a trot. I was facing east. The car was coming from the north, going south. I was smoking a cigar at the time. It is the rule to ride on the front platform when you are smoking. The driver did not stop; he slackened up somewhat for me to step on. I went up to the car, trying to get on the front platform. I took hold of the rails, one hand on each, and tried to step on the platform. I missed my footing, but kept hold with both hands on the railing. My left foot got under the wheel. I kept holding onto the rails…