Hansen

This is an appeal from a judgment in plaintiff’s favor and from an order denying the defendant’s motion for a new trial.

The action was one for damages for personal injuries alleged to have been sustained by the plaintiff while in the employ of the defendant, and while engaged as a helper to the driver of a motor truck used by the defendant in hauling electric power poles from its yards at San Martin in Santa Clara County to points along its power line on the Monterey road. The action was tried by the court sitting without a jury. The findings of the court set forth the details of the accident in which plaintiff received his injuries substantially as follows: On and prior to the fifteenth day of April, 1912, the plaintiff was employed by the defendant as helper to a truck-driver in and about the construction of its power lines in the above region, and subject to the orders of said truck-driver, and also to the orders of the yard foreman of said defendant at San Martin. On said last-named day these three employees of the defendant were engaged in loading a large heavy electric power-line pole on to a certain wagon or truck of the defendant by means of a wooden horse, so placed…