Kerrigan

Action for damages for bodily injuries received by plaintiff through the alleged negligence of defendants while carrying plaintiff as a passenger on a stage-coach from Gilroy Hot Springs to Gilroy.

Both defendants answered, but at the trial the defendant corporation only appeared, and after the plaintiff closed his case, it moved for and obtained a nonsuit as to itself. The case was then given to the jury, who returned a verdict for plaintiff against defendant Paine. From the judgment of nonsuit plaintiff appeals.

The facts are as follows: On the several dates hereinafter mentioned, the respondent corporation owned and was operating a steam-railroad for the carriage of passengers and baggage between San José and Gilroy in either direction, and the defendant Paine was the owner of and operating a stage-line between Gilroy and Gilroy Hot Springs, for the carriage of passengers and baggage in either direction. On the 23d of June, 1885, the plaintiff purchased of the respondent a round-trip special excursion ticket from San José to Gilroy Hot Springs and return to San José, entitling him to transportation over the railway and stage-line above mentioned.

The ticket was in the form…