McFadden

Action for damages alleged to have been sustained by a personal injury to the wife alone, through the negligence of defendant.

On May 26, 1888, the defendant was a corporation owning and operating a street-railroad running east and west through the center of Fourth Street, in the city of Santa Ana, in Los Angeles County. On that day it caused an excavation to be made in that street about six feet wide, fifty feet long, and ten inches in depth, on the north side of the railway, parallel with it, and about six feet from it, for the purpose of constructing a switch or *466 turn-out, to be connected with the main railway, and for the construction of which it had permission from the citj' authorities.

. It is alleged in the complaint that the excavation was dangerous to travelers on the street during the nighttime, unless properly guarded and lighted, and that it was the duty of the defendant to guard and light it, so as to warn travelers of the danger, etc., which the defendant neglected to do on the night of May 26, 1888.

The complaint then proceeds as follows:—

The answer of the defendant denies the alleged injuries to the plaintiff Flora, denies the alleged negligence on its…