Stewart

This personal injury action was tried to the court sitting without a jury. Defendants’ motion for non-suit was granted, and plaintiff appeals from the ensuing judgment.

Plaintiff was a passenger upon a bus owned by defendant corporation and driven by the individual defendant. In a previous trial to a jury, verdict and judgment were in favor of plaintiff against the present defendants and also against one Miranda, driver of an automobile which collided with the bus. Motion of the bus company and driver for new trial was granted. This appeal arises from the retrial. The original judgment against Miranda has long since become final.

When she first entered the bus, plaintiff took a seat. Later the bus became crowded. As the bus neared her destination, plaintiff stood up to give her seat to an elderly passenger standing in the aisle and, she says, partly to enable her to see where the bus was in relation to the stop she desired. While she was standing the bus and Miranda’s car collided, the bus stopped abruptly, and plaintiff fell, sustaining the injury for which she sues.

In passing upon a motion for nonsuit, the court must assume that all relevant evidence in favor of the…