Megee

—This is an appeal by defendant from a judgment awarding plaintiff damages for personal injuries alleged to have been suffered by him by reason of defendant’s negligence. Upon the return of the verdict by the jury defendant moved for a judgment notwithstanding the verdict, which motion was granted. Plaintiff then appealed from such judgment and this court reversed the same with instruction to the trial court to enter judgment in favor of plaintiff in accordance with the verdict of the jury. (Megee v. Fasulis, 57 Cal.App.2d 275 [ 134 P.2d 815 ].) The defendant now appeals from the judgment so entered.

The pertinent facts are that defendant owned and operated the Star Rendezvous, a tavern, together with certain amusement devices, in the city of Marysville. The premises consisted of a bar and dance floor on the street level. Certain other rooms including a lavatory were located in the basement. Access to such rooms on the lower level was had by means of a flight of stairs. Immediately adjacent to the stairway was a contraption consisting of a conical shaped tube into which automatic .22 caliber rifles were discharged at small targets. The large end of the tube, that is, the end into…