Dow

In this action for damages in the sum of five thousand four hundred and fifty dollars for personal injuries, alleged to have been sustained by him through the negligence of the defendants, the plaintiff obtained a verdict and judgment against the defendant, Contra Costa Construction Company, for the sum of one thousand seven hundred and fifty dollars, and this appeal is brought here by the said defendant from said judgment and the order denying it a new trial.

The legal soundness of the judgment and order is challenged upon these grounds: 1. Error in the overruling of the demurrer to the amended complaint as to the appellant; 2. Insufficiency of the evidence to justify and support the verdict; 3. Error in rulings admitting certain testimony; 4. Error in the giving and the refusal to give certain instructions ; 5. Excessive damages.

From the evidence it appears that, on the sixth day of January, 1911, the city of Oroville, which, for convenience, will hereafter be referred to as “the city,” and the defendant, Contra Costa Construction Company, which, for like reason, will be referred to as “the company,” entered into a contract whereby the latter agreed to construct for the…