Cooley

Action to recover damages for personal injuries alleged to have been sustained as a result of defendant’s negligence. Judgment in the sum of one thousand dollars went for plaintiff, from which, and an order denying its motion for a new trial, defendant appeals.

The sole ground upon which appellant insists upon a reversal is that the findings do not support the judgment, in that the court not only failed to find, either directly or indirectly, that defendant was guilty of negligence, but the findings affirmatively show that the injury complained of was due solely to the gross negligence of plaintiff.

Upon the question of negligence the court found:

“II.

“That on the 6th day of November, 1911, the plaintiff was, . and for about five years theretofore had been, employed in the capacity of receiving clerk by the defendant.

“III.

“That the defendant on the 6th day of November, 1911, and for more than five years previous thereto had been, carrying on a part of its business of wholesale drug dealer in a concrete building in the city of Los Angeles, county of Los Angeles, state of California, situate on New High street, in said city; that among various other sets of stairways and…