Hoffman

The plaintiff recovered judgment for ten thousand dollars, damages for injuries sustained through the alleged negligence of the defendant. The defendant appeals from the judgment and from an order denying its motion for a new trial.

Plaintiff was in the employ of the Union Hardware & Metal Company at Los Angeles. Said company’s business included the sale of explosives. In connection with that branch of its business, it maintained a magazine a short distance from the line of the defendant’s railroad track, at a point near Tunnel Station, about twenty-seven miles north of Los Angeles. A shipment of twenty-five boxes, each containing fifty pounds of dynamite, had, in course of transportation been placed on the ground alongside the defendant’s track. The Union Hardware & Metal Company directed the plaintiff to go to Tunnel Station and move the twenty-five boxes to the magazine.

The dynamite lay at a point on the track about seven hundred feet south of the station. Some two hundred and seventy-five feet north of this point there was a switch connecting the main track with a spur leading to the magazine. Upon reaching Tunnel Station the plaintiff requested of one Glenn, an employee of…