Teutschman

This appeal raises the question of the sufficiency of the evidence to support a judgment in damages for personal injuries suffered by appellee while riding in a sleeping car operated by appellant.

Appellee was traveling via the Southern Pacific from Los Angeles to Portland. Before boarding the train she purchased a ticket for a tourist sleeping car berth which she was to occupy during the night. In the daytime she sat in a chair car and on reaching Martinez was obliged to change to another train in order to board the sleeper. She claimed to have arranged for a lower berth but was told by the Pullman conductor that her ticket called for an upper. She informed both the conductor and the porter that she had never before ridden on a sleeping car and was unacquainted with the use of berths, particularly an upper berth, and she expressed reluctance and fear about climbing the ladder to enter the upper assigned her. Appellee was a woman in her sixties, poorly dressed, of eccentric demeanor and appearance, and she limped badly from an old injury to her hip. She carried her effects, such as they were, in a *980 violin case, her stockings were sagging, and her conduct was such as to lead…