McCurrie

Action to recover damages for personal injury alleged to have been sustained by reason of the negligence of the defendant. The appeal is from a judgment in favor of the defendant, and from an order denying a new trial.

The plaintiff testified that he purchased from the defendant a ticket to go from San Francisco to Tennant’s Station, in Santa Clara county, and that he boarded the train at Third and Townsend streets in San Francisco. He further testified: “When we arrived at Twenty-fifth and Valencia streets the brakeman or conductor opened and fastened the front door of the car in which we were sitting in the usual way. I waited until I saw the door was fastened and the train stopped, and then got up to look for my son, who was waiting to see us. I went to the front to beckon to him, because the train does not stop there long. As I got to the platform the train suddenly backed with a very great jerk, so violently that it threw me off my balance, and to save myself I caught hold of the casing of the door. Just then the door *560 swung to and struck my hand, cutting three fingers very severely”; and on cross-examination he testified: “I left my seat after the train stopped, and…