Corletti

Plaintiff sued to recover damages for personal injuries to himself, alleged to have been occasioned through the negligence of defendant. Plaintiff was employed as a laborer to assist in repairing the railway track of defendant in Placer County. While engaged in emptying a dumping-car upon which he was standing, it tilted, throwing him with great violence to the ground, and so fracturing his leg as to necessitate amputation. It is alleged that the injury was occasioned because defendant had knowingly furnished a defective, inadequate, and unsafe dumping-ear; that these defects were unknown to plaintiff, and could not have been discovered by him with the use of ordinary care.

The proposition argued upon this appeal is, that the appliance furnished was not defective, inadequate, or unsafe, and that plaintiff had equal means with the defendant of knowing its condition, and a full understanding of any possible risk which he might run in the use of it. The push-car itself, it is not disputed, was one of safe construction, and one with the use of which plaintiff had been familiar for years. Upon this car was placed a simple box, sliding upon gas-pipe rollers, with strips across the…