McGeorge

Plaintiff sought to recover damages for personal injuries sustained while working on the “Castle Town”, a vessel owned and operated by defendant. The cause was tried by the court sitting without a jury and from a judgment in favor of defendant, plaintiff appeals.

The cause was previously tried by the court sitting with a jury. That trial resulted in a judgment in favor of the defendant, which judgment was reversed on appeal because of error in the instructions. (McGeorge v. Charles Nelson Co., 107 Cal. App. 148 [ 290 Pac. 75 ].) The evidence on the first trial tended to prove certain facts, which facts are set forth in the opinion on the former appeal. On the second trial all of the evidence produced on the first trial was introduced by stipulation. It is therefore unnecessary to set forth all of said facts herein. We may point out, however, that on the former appeal this court was not passing upon any questions of fact and while the evidence was conflicting in many particulars only certain conflicts are specifically referred to in the opinion. The decision on the former appeal merely held that, in view of the evidence in the record, the instruction's given on the subject of…