Whyte

This is an action for damages for personal injuries in which judgment went for the plaintiff, and from which judgment and an order denying defendant’s motion for a new trial this appeal is prosecuted.

The facts out of which the action arose are briefly the following: On the fifteenth day of May, 1910, the plaintiff and six friends went for a day’s outing to Idora Park, a place of amusement conducted by the defendant in Oakland and to which a charge for admission was made. Within the inclosed park there were various devices and attractions for the amusement of visitors. Among these was a structure known as the ‘ ‘Joy Laundry. ” This had been installed by Charles Hoffman and A. E. Drake at their expense and with the consent of the defendant, and was operated under a verbal contract between said Hoffman and Drake and the defendant, whereby the concessioners agreed to pay to the defendant forty per cent of the gross receipts for the year 1910, So far as necessary to be noted here the operators and attendants necessary to run the device were hired and paid by Hoffman and Drake, and, with the exception that the defendant reserved the right to object to any employee of the concessioners…