Holt

This is an appeal from a judgment rendered in favor of appellee, plaintiff below, in an action instituted to recover damages for personal injuries, alleged to have been caused by the negligence of appellant steamship company, while appellee was a passenger aboard appellant’s vessel, the Admiral Peoples. The jury awarded appellee damages in the sum of $10,000, for which amount judgment was entered. Appellant thereafter moved for a new trial, and, as a condition to its denial, appellee remitted $4,000 of said judgment.

The facts of this case, as they appear in the record, may be stated briefly as follows:

In the late afternoon of July 26, 1932, appellee, a woman then thirty-nine years of age and apparently in good health, boarded appellant’s steamship, the Admiral Peoples, at Portland, Or., for a voyage to San Francisco, having paid the necessary fare for the passage between said cities. She was assigned to stateroom 226, in which she had reserved the upper berth for the duration of said voyage. The lower berth was also occupied. This stateroom was not very large. As one enters, the double-deck berths are to the right, with a space approximately 30 inches between the forward wall…