Nye v. Marysville & Yuba Street Railroad

Haynes, C.

This action was brought to recover damages for an alleged wrongful eviction from one of defendant’s street-cars. At the conclusion of the evidence offered by plaintiff, defendant "moved for a non-suit, which was granted, and judgment was entered against the plaintiff, who thereafter gave notice of his intention to move for a new trial upon a statement of the case. The statement was thereafter prepared and settled, and upon the hearing the motion for a new trial was denied.

This appeal is from the judgment, and the order denying said motion.

Respondent makes the point that the judgment…