1. Foreion Corporations — Service—Managing or Business Agents.

Under Code Civ. Proc. Cal. § 411, which provides for service on foreign corporations “doing business and having a managing or business agent, cashier or secretary within this state,” by service upon such agent, cashier, or secretary, a railroad company incorporated in another state, which, although having no line of road within the state, maintains an office therein, designated by a sign as the freight and passenger office of its road, in charge of a general agent, who solicits passengers and freight to go over its line, and issues bills of lading for freight so shipped, is subject to suit in the state; and such agent is a managing or business agent, within the statute, on whom service ma.y -bo made.

2. Same — Jurisdiction of .State Courts — Tort Committed in Another State.

A private corporation, like a natural person, may be sued in a transitory action in any state where service can legally be had upon it; and under Code Civ. Proc. Cal. § 411, which provides for service upon foreign corporations doing business in the state, and section 395, which provides generally for the trial of suits against nonresidents, in any county which the plaintiff may designate in his complaint, a foreign railroad company which does business in the state, and has a managing agent therein, on whom service may legally be made, is subject to be sued in the courts of the state for a tort committed in another state.

3. Carriers — Injury to Passenger — Collision Due to Negligence ok Des-see.

A railroad company which lenses 1o another company the right to use a portion of its track, over which it also runs its own trains, is liable to one of its passengers for an injury received in a collision due to the negligence of the employes of its lessee.

4. Damages — Personal Injury — Injuries Resulting from Fright.

In an action by a passenger against a railroad company to recover damages for injuries received in a collision, where there was evidence that plaintiff sustained serious bodily injuries, an instruction was proper, that if great fright was a reasonable and natural consequence of the circumstances in which the collision, with the ensuing wreckage, explosion, and conflagration, placed the plaintiff, and she was actually put in fright by those circumstances, and injury to her health was a reasonable and natural consequence of such fright, and was actually and proximately occasioned thereby, such injury was one for which damages were recoverable.

5. Same — Future Pain and Suffering — Mental Suffering.

Damages for a personal injury may properly include compensation for pain and suffering, both physical and mental, which has resulted in the past, and also, if the injury is shown to be permanent, for such as it is fair to believe will result in the future.

6. Evidence — Opinions of Experts.

It is not error to permit a physician testifying as an expert to state his opinion as to the nature and cause of the bodily or mental condition of a patient whom he has treated, derived from his own knowledge, his attendance, treatment, and examinations, although based In part on statements of tlie patient and complaints made at different times as to her pains and sufferings, and in the same connection to give his opinion as to whether tlie injuries are liable to be permanent.

7. Same — Hypothetical Questions.

Where a hypothetical question to a witness testifying as an expert assumes the existence of a state.of facts which the evidence directly, fairly, and reasonably tends to establish, and does not transcend the range of evidence, it is proper to permit it to be answered; and it is not necessary that the question should embrace all the facts In the case, or that they should be stated in the exact language of the witnesses.

8. Carriers — Action for Injury to Passenger in Collision — Evidence.

In an action by a passenger against a railroad company to recover damages for personal injuries received in a collision, where it was show'll that plaintiffs nervous system was seriously affected after the accident, to enable the jury to determine whether she ivas frightened, or received a shock to which her condition might reasonably be attributed, evidence of all the facts and circumstances connected with the collision ivas admissible, such as that plaintiff jumped from the car in lier nightdress, and stood upon an embankment for half an hour with other passengers, and that she saw the wrecked and burning cars, and saw' and heard the wounded persons who were taken from the wreck. Such occurrences were a part of the res gestae, and tlie fact that they took place after the collision, or that plaintiff would not have been affected thereby had she remained In tlie car, did not render such evidence inadmissible, as she had the right to act upon the facts as they appeared to her at the time, and.to use her senses, without being chargeable with contributory negligence.

9. Evidence — Photographs of Wreck.

Photographs of the wrecks of railroad trains resulting from a collision, duly authenticated, are admissible in evidence in an action by a passenger to recover for injuries sustained in such collision, to illustrate 1lie testimony of the witnesses.

10. Damages — Action eok.Injury to Passenger — Pleading Special Damages.

In an action by a passenger against a railroad company to recover for injuries received in a collision, the aggravation of plaintiff’s other injuries, due to fright or nervous shock incident to the collision and its attendant circumstances, is a direct and proximate effect of the collision, and need not be specially pleaded, but may be proved under a general allegation of bodily injury.

11. Trial — Instructions—Refusal of Requests.

Absoluti' perfection in insi ructions, so that they cannot be subjected to criticism, is not, and cannot, reasonably be, required; but if the charge in its entirety fairly covers the legal propositions necessary to give instructions upon, and is substantially correct, it is not error for the court to refuse the instructions prepared by counsel, although they contain correct. principles of law applicable to the ease.