DUNIWAY, J.
The city and county of San Francisco appeals from a judgment against it, rendered upon the verdict of a jury in an action for personal injuries, and from an order allowing plaintiff costs and an order denying the city's motion to tax costs. The case was submitted to the jury upon two theories; one, that plaintiff was a passenger on the city's municipal railway, a common carrier (see Civ. Code, § 2100), and two, that plaintiff could recover under the...
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