Faylor

This is an appeal by the defendant from a judgment against it based upon an adverse verdict of a jury in an action for the death of John Richard Faylor, a minor. The action is prosecuted by the boy’s father. The verdict was for five thousand five hundred dollars, and on motion for a new trial the court indicated its intention to grant the motion unless the plaintiff should agree to a reduction of the verdict to the sum of $4,250. This condition was met by plaintiff and the motion for a new trial was accordingly denied. The facts are stated in the opening brief of appellant’s counsel as follows:

For more than thirty years the defendant has operated a quicksilver mine about three miles from Guerneville, in Sonoma County. The mining property was part of a large tract of land and was inclosed with a barbed wire fence. A public road passed near the property, and a large gate in defendant’s fence permits travel between defendant’s property and the county road. This fence and gate are about twenty-five feet from the county road. Posted in a conspicuous place on said gate was a sign six feet long and eighteen inches wide, and with the word “Danger” painted thereon in letters one foot…