Helms

—An appeal from a judgment entered upon a verdict in an action to recover damages alleged to have been caused by the negligence of the defendant.

The plaintiff, while standing on a sidewalk at the corner of Masonic Avenue and Fell Street in San Francisco, was injured by the fall of a portion of the glass globe of an electrolier which had been erected at that point. It was stipulated at the trial that the electrolier was owned and maintained by the defendant. The plaintiff, to prove his ease, relied upon the rule of res ipsa loquitur. The defendant moved for a nonsuit, a directed verdict and judgment notwithstanding the verdict, which motions were denied; and it is claimed as grounds for the appeal that the trial court’s rulings in these respects as well as certain instructions to the jury were erroneous.

The defendant adduced evidence that the globes were inspected and cleaned twice a year, and that the one in question was inspected about five months previous to the time of its fall and found to be in good condition; further, that damage to these instrumentalities is often caused by the carelessness or malicious acts of children and others or by vehicles coming in contact with…