McMillen v. Southern Pacific Co.

AGEE, J. pro tem. *

Plaintiff appeals following an adverse jury verdict in a personal injury action, contending that the evidence is insufficient to sustain the verdict and that the trial court erroneously instructed the jury.

On November 22, 1950, at 6 p. m., appellant boarded respondent’s train at San Francisco as a paying passenger. She injured her back while getting off the train at Millbrae. Appellant was the only witness as to what happened. Her version is as follows: “Q. Now, was there anyone else on that coach ready to disembark at the time you were standing on the top platform? A.…