Lambert

is an action for personal injuries suffered by plaintiff.

To the complaint defendants interpose general demurrers which were sustained with leave to amend. Plaintiff declined so to do, and judgment of dismissal was entered, from which plaintiff appeals. It is, therefore, as to the sufficiency of the complaint that we now direct our attention.

From the allegations of the complaint it appears that Eaymond Lambert, at the time the injuries were received, was a boy of normal intelligence, 12 years of age, living in the camp of the Utah Construction Company about 500 feet from the north portal of Tunnel No. 7 on the line of construction of the Western Pacific Eailroad Company in Plumas County. Construction work was still in progress. No regular trains were running; a telephone pole line had just been erected along the right of way and over the tunnel. In the construction of the pole line, the defendants used dynamite for blasting the pole holes, and exploded the dynamite with fuses and caps.

At a point on the right of way of the railroad company and immediately adjacent to the top of the north portal of the tunnel, it is alleged that defendants carelessly and negligently left two…