Hale

Action to recover damages alleged to have been sustained as a result of defendant’s negligence. The jury rendered a verdict in favor of plaintiff upon which judgment was entered and from which defendant has appealed upon the judgment-roll accompanied by a bill of exceptions.

The facts out of which the accident grew and concerning which there is little controversy in the evidence are as follows: At the time when plaintiff sustained the injury, defendant was engaged in constructing and operating a telephone system in the city of San Diego. For its use as a storeroom for supplies and material required in its construction work, it occupied an uninclosed cottage in the rear of which was a lattice porch with an open space of some four or five feet for entry. Upon this porch was a shelf platform two and one-half to three feet above the floor, and on Saturday, the day preceding the accident, defendant’s employees placed upon this shelf a wooden box wherein, underneath some excelsior packing, was deposited a tin box containing dynamite caps of a high explosive character and dangerous to persons unacquainted with the care and handling thereof. The top of this wooden box was covered by a…