McGeorge

The plaintiff commenced an action against the defendant to recover damages for personal injuries suffered while he was an employee of the defendant. The defendant answered and a trial was had before the trial court sitting with a jury. The jury returned a verdict in favor of the defendant and from a judgment entered thereon the plaintiff has appealed.

On the sixteenth day of May, 1928, the defendant was the owner and operator of the ‘ ‘ Castle Town, ’ ’ a steamer sailing in and out of San Francisco. On that day the plaintiff was and for some time prior thereto had been first assistant engineer employed by the defendant in operating said vessel. While returning to San Francisco a difficulty arose in the operation of the engine. The difficulty consisted of a knocking in the low-pressure cylinder. The engineer and his helper adjusted the nut at the upper end. Thereupon the plaintiff was directed to go below and adjust the nut at the lower end. The plaintiff called the second assistant engineer and they went below to make the adjustment. Although there is a conflict in the testimony nevertheless there was some evidence to the effect that the chief engineer told the plaintiff to make…