Bort

This is an action for personal injuries suffered by plaintiff, alleged to have been caused by the negligence of the defendant. The case was tried by a jury, which found for plaintiff, and judgment was accordingly entered. The defendant appeals from the judgment and from an order denying his motion for a new trial.

At the time of the accident the plaintiff was in the employ of the defendant as a journeyman painter, and was engaged with others in painting the Palace Hotel in San Francisco. On November 9, 1904, the second day of his employment, a staging on which he was suspended collapsed and fell to the sidewalk from a height of about forty feet, whereby plaintiff sustained serious personal injuries, crippling him for life. The cause of the accident was the breaking of a defective or inadequate sling to which was attached the staging used in painting the hotel. The staging consisted of a ladder, with planks placed upon it, and three “falls.” It was known as a “three-fall staging.” A “fall” consists of four ropes inserted in pulleys, and these ropes are attached to a ladder, and run from it to the roof of the building, where they are connected with the “sling.” The ladder, or…