Cliff

The defendant had judgment in an action begun and prosecuted by the plaintiff to recover damages for an injury resulting to one of his eyes from the alleged negligence of the defendant. From this judgment the plaintiff appeals.

The complaint alleges that during all of the times mentioned therein the defendant was engaged in the manufacture and sale of a certain chemical solution, known as and called Ortho Lime Sulphur Solution, for use in orchards and vineyards in spraying trees and vines; that said solution, for the purpose of marketing, was placed in drums or containers of about fifty gallons capacity; that on or about the twelfth day of January, 1923', plaintiff purchased at Atwater, in the county of Merced, state of California, several barrels of said solution manufactured by the defendant from one C. J. Prcgno, “who was at said time acting either as an agent for said defendant or as a dealer in said Ortho Lime Sulphur Solution”; that thereafter and on or about the twenty-seventh day of February, 1923, plaintiff, intending to use said solution for spraying purposes and without any knowledge of any danger therefrom or warning by the defendant of any danger, attempted to remove…