Arnold

This is an action for damages for personal injuries sustained by plaintiff in a dynamite explosion at defendant’s plant, near the town of Colton, while plaintiff was in defendant’s employ as a “pówderman.” The accident occurred May 9, 1909. This was prior to certain recent legislation enlarging the responsibility of employers for injuries to employees. From a judgment in favor of plaintiff, upon the verdict of a jury, defendant appeals. The case was before the supreme court on a former appeal ( 161 Cal. 522 , [ 119 Pac. 913 ]), where a previous judgment for plaintiff was reversed by that court upon the ground of error in the admission of certain evidence.

The gravamen of the action is that defendant negligently furnished for plaintiff’s use an electric battery that was too weak to explode the dynamite in nine holes that he was directed by his foreman to explode in the process of “springing the holes,’’ that is, preparing them to receive the charges of black powder. The nine holes were connected by wire in a series. Plaintiff attempted to explode all of them at one time by a single discharge of the electric current from the battery. The battery failed to explode, at least one of…