Hansen

This is an appeal from a judgment of nonsuit in an action for personal injuries sustained by plaintiff and alleged to have been proximately caused by the negligence of defendants.

The facts appearing from the evidence are in part as follows: Defendant Market Street Railway Company operated a single-track cable railway along the center of Sacramento Street from the Embarcadero to Drumm Street, and beyond, on which its cars traveled westerly. Prior to the accident defendant Spring Valley Water Company had excavated a trench about five feet wide and six to eight feet deep on the north side of Sacramento Street, which commenced about two feet east of Drumm Street and extended easterly some thirty feet. The dirt from the trench was piled upon the south side thereof and at the time of the acci dent the pile came to a point less than a foot from the northerly rail of the car tracks and to the northerly edge of the running-board of the cable cars. The pile was thirty feet long and about five or six feet high. At the time of the accident the Water Company had not placed any light's on the top of the pile, or at any place where light could be thrown on its southerly side. This work of…