Bush

The appeal is from a judgment of non-suit. The nature of the action may be seen from the following allegations of the complaint: “That on and prior to the 9th day of June, 1919, plaintiff was employed by said Weed Lumber Company to bore a well for said Company on its premises near Camp 3, at Morrison, in the County of Siskiyou, State of California; that on said 9th day of June, 1919, while plaintiff was employed as aforesaid, his said well boring outfit broke down and while waiting for same to be repaired, plaintiff, at the solicitation of C. W. Murphy, general superintendent for said Weed Lumber Company and further induced by a reward offered by said Weed Lumber Company to anyone finding water for the supply of said Company’s Camp, went in search of a certain spring of water reputed to be above said Camp 3 and after making said search, while returning to said camp, where he was staying, plaintiff necessarily passed along said company’s railroad track and by a crew of men employed by said company unloading logs from flat ears by means of a certain mechanical contrivance called a ‘Merry Crane’; that when plaintiff was opposite the said crane the fore man of said crane requested…