Keaton

In this action, brought to recover damages for injuries sustained by the plaintiff as an employee of the defendant and because of the defendant’s negligence, the trial court, at the conclusion of the plaintiff’s case in chief, granted the motion of the defendant for judgment of nonsuit. An appeal has been taken from that judgment and is presented on a bill of exceptions.

There were two counts in the plaintiff’s complaint, in the first of which it was alleged that on or about the fourth day of December, 1910, plaintiff was employed by the defendant to perform personal services as a wireman’s helper; that on or about the twentieth day of June, 1911, plaintiff was sent by the defendant to the city of Santa Barbara to assist in making certain changes in the wiring of the light and power house of Santa Barbara Gas & Electric Company; that in rendering said assistance as wireman’s helper the plaintiff was placed by defendant under the control and direction of one O’Connel, an employee of the defendant; that the said O’Connel had the right to control and direct the plaintiff in the rendering of the service; that on the thirty-first day of August, 1911, plaintiff was engaged in assisting…