Moreno

In this action plaintiffs seek to recover from the defendant damages for personal injuries sus tained by plaintiff Moreno by reason of the alleged negligence of an employee of defendant. The case was tried before a jury. Verdict was rendered in favor of plaintiffs for the sum of ten thousand dollars, and judgment entered accordingly. There was a motion for new trial, which was denied. The appeal is from the judgment alone.

It appears that on the day of the accident the plaintiff Moreno was employed by the Fairchild-G-ilmore-Wilton Company, and had been detailed by a foreman of that company to go as a helper with one of its steam-roller drivers to assist the latter in moving a heavy steam roller. As such helper his duties were to care for traffic. He rode on the roller. It was his d'uty to get off and hold horses when they became frightened on account of the noise of the steam roller, and to assist the driver generally. He had nothing to do with the actual operation or driving of the roller, and had no control over the driver. As already intimated, at the immediate scene of the accident Moreno was riding upon the frame of the left front end of the steam roller, and just above the…