Ingalls

Appeal from an order granting defendant’s motion for a new trial. On the twenty-second day of February, 1908, and for some time prior thereto, the plaintiff was in the employ of the defendant at its oil wells in Kern County, and was working in the capacity of a well puller. On the- day above mentioned, and while engaged in the pulling of a certain well of the defendant, it was, as the evidence shows, necessary for the plaintiff to stand on a walking-beam within a derrick and connected with the machinery then being used by the plaintiff and other men so engaged. While plaintiff was so standing on said walking-beam the roof of said derrick fell and at the same moment the plaintiff fell from the walking-beam and received the injuries of which he complains. The complaint alleges that the roof, by reason of its imperfection, defectiveness, unsafeness, and inadequacy of construction, became loose, unfastened, caved in, and suddenly and without warning fell and in so falling struck the plaintiff with such force that it knocked him off from said walking-beam and thereby caused said injury. It is further alleged, that plaintiff had no warning, notice, or knowledge of the unsafeness or…