McDonnell v. Pescadero & San Mateo Stage Co.

CHIPMAN, C.

Action for personal injury resulting from the capsizing of a stagecoach in which plaintiff was a passenger. Trial by jury and verdict in favor of plaintiff for $2,000. Judgment was entered accordingly, with costs taxed at $121. At the hearing of defendants’ motion for a new trial, the court made an order that if plaintiff would accept $1,621 in full settlement of the judgment the motion for new trial would be denied, otherwise it would be granted. Plaintiff gave notice of acceptance, and the motion was denied. From the judgment and order - .denying new trial this appeal is…