Kline v. Cent. Pac. R.R.

By the Court, Sanderson, J. :

This is an action to recover damages for personal injuries sustained by the plaintiff, by reason of his having been, as alleged, wrongfully expelled from the cars of defendant by the conductor while the cars were in motion.

The plaintiff having introduced his evidence and rested, the defendant moved for a nonsuit upon the following grounds:

1st. Because the evidence showed that the plaintiff was guilty of inexcusable carelessness and negligence in running upon the cars while they were in motion.

2d. Because the evidence showed that the negligence and carelessness by…