Bush

plaintiff brought this action to recover damages for personal injuries alleged to have been caused by the negligence of defendant.

There have been two trials of the action, at the first of which the court granted defendant’s motion for a nonsuit, but, upon an appeal, the judgment based thereon was reversed. ( 55 Cal. App. 588 [ 204 Pac. 24 ].)

At the second trial a jury returned a verdict for defendant, and from the judgment and order denying his motion for a new trial plaintiff has appealed.

In support of this appeal but one point is raised by appellant, namely, “that the evidence is insufficient to justify the verdict, or that the verdict is contrary to the evidence.”

The nature of the action is set forth in the opinion of this court rendered on the former appeal, and a résumé of the evidence necessary to be considered on this appeal is as follows :

“Plaintiff testified: His vocation was that of well driller, and in June, 1919, had an agreement with the defendant to put in a well and was boarding at the Weed Camp; Camp No. 3 at Morrison. On a building of the defendant he noticed an advertisement offering any one who would find a spring that would furnish the camp with…