Sincerney

This is an action to recover damages for personal injuries sustained by the plaintiff when, in the course of his employment on August 31, 1918, as a brakeman on the Atchison, Topeka and Santa Fe Railway, he was climbing the side of a moving box-ear which had been detached from the. engine, and came in contact with a pole which appellant, board of public service commissioners, had erected near the railway track and on the sidewalk of Palmetto Street, in the city of Los Angeles. This pole was a part of a system of poles and wires for the transmission of electric power to the inhabitants of said city, for which service the city was receiving remuneration and deriving a profit from the sale of said electric power. The car on which the plaintiff was riding was traveling on a spur-track built on a private right of way immediately north of and adjacent to Palmetto Street. Judgment was entered upon the verdict in favor of plaintiff in the sum of two thousand five hundred dollars, from which judgment defendants appeal. •

The railroad track was so located that at the point opposite the pole the nearest rail was only 1.65 feet from the north line of the street. , The width of the car (which…