Weik

Plaintiff brings the action for damages resulting from an injury to his minor child while playing on a turntable on defendant’s property near its depot at West Napa. The cause was tried by a jury and plaintiff had a verdict for five hundred and .seventy-five dollars. Defendant appeals from the order denying its motion for a new trial.

Reliance for a reversal of the judgment is based upon three grounds—namely: 1. That plaintiff was guilty of contributory negligence “which was the cause of his son-Albert’s injuries”; 2. That plaintiff’s son “was of such an age and understanding that he was capable of knowing and appreciating that the turntable was a dangerous thing to play on and that he might be injured in so doing, and that he was guilty of contributory negligence which was the proximate cause of his injury,” and 3. That the court erred in its instructions to the jury and in refusing to give certain instructions requested by defendant.

Defendant, on September 14, 1910, the date of the accident, was operating a branch line of its main road from West Napa to Sausalito and, near its depot or near its track in West Napa, it maintained a turntable which was about twenty feet from a…