Ford

This is an action for damages for personal injuries. The plaintiff appeals from an order granting defendant’s motion for a nonsuit.

The testimony introduced on behalf of the plaintiff showed that he was employed by the defendant to drive a team hauling cars over the defendant’s tramway leading from its lumber yard to the tracks of the California Northwestern Railway Company. In the course of his employment it was the duty of the plaintiff several times each day to haul along the said tramway of the defendant four or five Hat-cars loaded with lumber, taking them to the track of the railroad company and returning to the yards of the defendant with a string of empty cars. He had been in the employ of the defendant for about three months, and during all of said time had been daily doing said work. On the day of the accident the plaintiff had taken a load to the tracks of the railway company and was returning with a string of empty cars when he reached a place along the tramway where a switch goes off into what is called in the record yard number 2. At this point the first and second of the empty cars being hauled by the plaintiff left the track and the second car struck him, knocked…