Goldberger

The action is to recover damages on account of personal injuries alleged to have resulted through the negligence of defendant. The case was tried before a jury and verdict rendered in favor of defendant. Judgment followed pursuant to said verdict. Plaintiff prosecutes this appeal. The facts may be narrated.

Plaintiff is, and was at all the times within the period discussed, a buyer of used machinery and equipment. The defendant Market Street Railway Company was the owner of certain motors, belting and machinery formerly used in a power-house located within the city of San Francisco. This power-house had been closed but not dismantled; much of the machinery remained practically in place and consis led of large and heavy equipment such as is generally used in and about similar plants. Plaintiff had become interested in the purchase of the machinery and had approached the proper persons authorized to act for defendant. It was arranged that plaintiff should have access to the powerhouse and an opportunity to examine and appraise the equipment. Accordingly the Railway Company, defendant, delegated an employee named Shufelt to take plaintiff over to the power-house, open up the place…