Ammenti

Plaintiff, a passenger on a “big red” streetcar operated by the defendant between Los Angeles and Long Beach, sued for damages sutained when the ear in which he was riding ran out of control down an 810-foot incline leading out of defendant’s main terminal in Los Angeles, jumped the tracks at the foot of the incline, and collided with four trucks.

Trial by jury resulted in a verdict for plaintiff. Defendant appeals, alleging prejudicial error on the part of the trial judge in reading to the jury a safety order of the Public Utilities Commission, which defendant claims was inapplicable and misleading.

Two questions, therefore, are presented: (1) Was the Public Utilities Commission safety order erroneously introduced into the proceedings by the trial judge; and, if so, (2) Was the error prejudicial to defendant’s cause so that a new trial should be ordered. In deciding the second point, this court must keep in mind the admonition of article VI, section 4Yz of the California State Constitution, which provides that no judgment shall be set aside or a new trial granted in any ease for such an error “. . . unless, after an examination of the entire cause, including the evidence, the…