Carty

Action on account of alleged negligence. Verdict and judgment for plaintiff. Defendant appeals. •

The record discloses that De La Vina street is a public street running northerly and southerly through the city of Santa Barbara; that defendant under authority from the municipality entered upon such street, near its intersection with Ortega street, and made an excavation in the center line of De La Vina street a distance of eight feet, which excavation had a width of two feet and a uniform depth of six feet, the same having been made for the purpose of locating a sewer connection. Prom this sewer connection when located, which appears to have been near the middle of the excavation, a ditch was dug easterly at an angle of about forty-five degrees from the line of the first excavation to the curb line of the street, with a depth varying from six feet at the street center to three feet at the curb. Prom these excavations dirt was thrown upon the banks upon either side, elevating the surfaces adjacent nearly three feet. On the evening of October 22, 1903, the workmen in defendant’s employ ceased labor for the day; and evidence appears tending to show that there was placed on the…