Rathbun

The defendants were conducting a hardware business in the city of Marysville. One of the buildings occupied by them, known as the tinning and plumbing shop, took fire on the seventeenth day of December, 1906. Plaintiff was a member of the fire department of Marysville and was summoned to assist in extinguishing the fire. While he was engaged in this duty and was stationed on the street in front of the tinning and plumbing shop, an explosion of powder kept by defendants in said building took place. The explosion was of such force as to demolish a part of the building and to inflict bodily injuries upon several persons standing near. Among these was the plaintiff and he brought this action to recover damages for the injuries sustained by him. Trial resulted in a verdict and judgment in his favor for two thous- and dollars. Defendants appeal from the judgment and from an order denying their motion for a new trial.

At the time of the accident there was in force an ordinance of the city of Marysville regulating the manner of keeping and storing powder and other explosives. The ordinance by sections 1 and 3 set apart a certain tract (not including de fendants’ premises) as the…