Murray

In this case, upon a trial, a verdict was rendered in the favor of' plaintiffs in the sum of $5,000, as for the death of plaintiff’s intestate, and motion is now made for a new trial by the defendant. After careful consideration of the motion, I believe that it would result in substantial injustice being done to the defendant to permit the verdict to stand, and therefore I am moved to grant the motion of defendant setting aside the verdict herein.

Plaintiff’s intestate was killed while alighting from one of defendant’s trains at Santa Margarita, in this state. Murray, the deceased, was traveling with a companion from San Francisco to Santa Margarita, and arrived at the latter station about half past 11 at night. The most favorable evidence to plaintiff’s contentions in the case is that furnished by Murray’s companion, a witness named Moran, and he testifies to the effect that he and Murray were sitting in the smoking •car, and that Murray and the defendant’s brakeman recognized one another as old acquaintances, and Murray informed the brakeman that he and the witness, Moran, desired to get off at Santa Margarita, and wanted to go to the Santa Margarita Hotel, to which the…