Smithson

This action was brought by Warren Smithson, a minor, by his guardian ad litem, to recover damages from defendant for injuries sustained by plaintiff while in its employ. Plaintiff at the time of the action was seventeen years of age, well, active, and in possession of all his faculties. He was employed by defendant at its roundhouse at Ei ver bank, California, in the capacity of night-hostler helper; that is to say, his employment was in the night-time, and he was the assistant or helper of a hostler, whose duty it was to take engines which had finished their work, run them into the roundhouse, where they were looked over and put in condition for their next trips. Outside of the roundhouse was a turntable for the reception of engines which were, there turned to face any desired direction. At an elevation over this turntable was a “cab” or station, where was a lever by which the motive power of the turntable was controlled. The rails leading from the roundhouse extended on to this turntable. It was a part of the duty of the helper to adjust the turntable so that these rails ran true with the rails upon which was to come the approaching engine. This truing up of the rails was known…