Bencich v. Market Street Railway Co.

BRAY, J., pro tem.

Plaintiff brought this action to recover damages for personal injuries sustained in a collision between a fire engine on which he was riding and one of the San Mateo interurban street ears of the defendant company. The case was tried twice. The verdict in the first trial was $20,000, and on motion of defendants a new trial was granted. The second verdict was for $5,000. The defendants made no motion for new trial nor did they take an appeal, but plaintiff moved for a new trial. His motion was denied, and he now appeals, asking that this court reverse the judgment as to the…