Watts

This is an action for damages for the death of the husband of plaintiff through the alleged' negligent acts of the defendants. The jury assessed the damages at the sum of $5,000, and judgment was thereupon entered for that amount.

This appeal is from said judgment and from the order declining to grant the defendants a new trial.

The deceased, Daniel Watts, husband of plaintiff, was, on the twenty-eighth day of March, 1902, the day on which the accident occurred resulting in his death, and had been for two years prior thereto, employed by the defendants as janitor of their building, situated on the northeast corner of California and Kearny streets, in the city of San Francisco. Said building was used as an office building and as such occupied by tenants of the defendants, and, for the purpose of carrying passengers and freight from one floor to another in said building, the defendants maintained an elevator propelled and operated by means of electricity. It had been the custom of the deceased to transport himself and his implements from floor to floor during the course of his work as janitor. Between the hours of 12 and-1 o’clock each day, when the person regularly in charge of…