Scally

This is an action for damages for personal injuries. The prayer of the complaint demands a judgment for $15,000, and the jury returned a verdict for $7,500. Judgment was thereupon entered in favor of the plaintiff for the sum so awarded. .

The defendant presents this appeal from said judgment and from the order denying it a new trial.

The appellant claims to be entitled to a reversal of the judgment and order for the reasons, (1) that the damages assessed by the jury are so excessive as to justify the conclusion that the verdict was reached through passion or preju dice; (2) that the court erred to the prejudice of the appellant in the giving of certain instructions.

1. The evidence discloses these facts: The defendant, at the time of the accident through which the plaintiff sustained his injuries, owned and operated, a foundry in the city of San Francisco, and was engaged in the manufacture of machines, nuts, bolts, tools and other mechanical appliances. The plaintiff, a lad then under the age of twelve years, was employed to work in said foundry by the defendant in either the latter part of the month of June or the first part of the month of July, 1905. At that time the…