Hughes

This action was brought to recover damages for personal injuries to plaintiff, .who had a verdict and judgment for three thousand dollars. Defendant appeals from the judgment and an order denying its motion for a new trial.

Several grounds are urged by defendant for a reversal.

1. It is insisted, first, that the court erred in overruling its demurrer to the complaint, which was made both general and special.

The complaint alleged that defendant conducted a foundry at Redondo Beach, California, and manufactured, among other things, steel castings, and the plaintiff was employed therein as a laborer; that a part of his duties consisted for a couple of hours a day in swinging a sledge or hammer to trim nails from steel castings in which, when molded, the heads of nails were imbedded, leaving the points and remaining parts of the nails projecting outward from the castings; that to trim such nails it was customary at the plant of defendant for one man to hold the point of a cold chisel against the nails to be cut while another struck the chisel with a sledge or hammer, cutting the nail and causing it to fly from the casting; that said method of trimming nails from castings was a…