Loftus

This action was brought to recover damages for injuries sustained by the plaintiff, an infant seven years of age, from falling into a cellar of defendants, situated on a vacant lot in the city of Los Angeles. The cause -yvas tried without a jury, and upon the findings the court gave judgment in favor of plaintiff. Defendants moved for judgment upon the findings. Their motion was denied. So, also, was their motion for a new trial. From the judgment and from these orders of the. court defendants appeal.

From the undisputed facts and from the findings it appears that the defendants were the owners of a lot on the corner of Second and San Pedro streets, in a populous and thickly settled quarter of the city of Los Angeles. Upon the lot had stood a house, which had been removed, leaving upon the premises a cellar, partially filled with bricks, cans, and other debris, varying in depth from 2^y feet to feet, having a length of about 17 feet and a width of about 14 feet. The lot was upon a level with the sidewalk, was open and unfenced on the San Pedro Street front, and partially open on the Second Street front. The cellar was located at a distance of from twenty-two to thirty feet from…