Murray

This is an appeal from a judgment in favor of the plaintiff for the sum of $2,305.23. The facts out of which the defendant’s alleged liability arose were the following: In the month of September, 1917, the defendant had completed a building in connection with its packing plant in Hayward, which was to be used for packing and canning tomato products. On the top floor of this building was a room equipped with twenty-five large copper kettles, which were to be used in heating tomato pulp for the purpose of exhausting a certain quantity of water therefrom as to make the product fit for commercial purposes. It was found that when this portion of the plant was put in operation the said room became filled with steam so as to make it impossible for men to remain at work therein for any considerable length of time. It became necessary to remedy this condition immediately, and with that end in view the defendant’s superintendent of the plant requested the plaintiff to call at the plant on the afternoon of September 27, 1917, for the purpose of consultation as to how to effectually remove the practical difficulties of the situation. The plaintiff suggested a system of ventilation by the use…