Earl

interesting argument of appellant is based largely upon the theory that we must discredit and reject the testimony in favor of respondent’s contention. It should hardly be necessary to add that we are not permitted to do so, since the statements therein contained are not improbable. Indeed, after a careful reading of the entire record, we can only say that at most a substantial conflict is presented as to the material elements of the alleged cause of action.

The facts, as substantially stated and shown by respondent, are as follows: Appellant at the time of the accident was engaged in dredging a channel near Pinole Flats at Mare Island in Solano County, and for said purpose was using dredgers, pumps, and other machinery and equipment operated by electricity. On the 7th of November, 1913, plaintiff was in the employment of the defendant as an operator in and about one of its pumping stations or substations, and it was his duty, under said employment, “to work with, use, handle and repair the machinery, apparatus and equipment in and about said pumping plant or station.” While he was so engaged “he was required by defendant to replace a fuse or connection in the aforesaid apparatus…