Melvin

Action to recover damages from the state for injuries received at the State Fair at Sacramento, in 1891. Plaintiff had a verdict for $10,000.00, which, on motion of defendant, was set aside and a new trial granted. Plaintiff appeals from the order and brings the case here on a hill of exceptions.

The complaint avers, in substance, that in September, 1891, *18 ■defendant held, conducted, and controlled an exhibition called a "State Fair” at Sacramento, state of California, which said State Fair was held by defendant for its own use and benefit and for the purpose of exhibiting and displaying to all persons who should attend, the products of defendant and other articles placed on ■ exhibition therein, to which the defendant invited, the public. That defendant sold tickets entitling the purchasers thereof to admission to the grounds and building where defendant held said fair; that plaintiff, on or about September 10, 1891, purchased of the defendant a season ticket, for which he paid five dollars, which entitled him to admission to said State Fair and the ground and buildings where the. same was held; that on the twelfth day of September, 1891, plaintiff entered Agricultural Park…