Wiggin

The court instructed the jury: “In this case it is admitted by the defendants that they are common car *185 riers, and that on the thirtieth day of November, 1880, the plaintiff, Ellen D. Wiggin, was then and there riding as a passenger in one of their stage-coaches, and that while she was so riding in said coach, said coach was upset and overturned, and that said Ellen D. Wiggin was injured thereby. Such being the case, then I instruct you that plaintiffs have made out a prima facie case, unless defendants have shown by satisfactory proof that the overturning and upsetting of the stagecoach was the result of inevitable casualty, or from some cause which human care and foresight could not prevent. ’ ’

At the request of defendants the court gave the following instruction:

It is urged that there is a conflict in these instructions. If, at first view, there would seem to be a conflict, it is more apparent than real. The first instruction was according to the rule laid down in Boyce v. Cal. Stage Co., 25 Cal. 460 . The second instruction does not say that the plaintiff, in addition to proving the overturning of the coach and the injuries caused thereby, must also prove negligence,…