Carraher

Action to recover damages for a personal injury to plaintiff, alleged to have been caused by the negligence of defendant. The cause was tried by a jury, whose verdict was for the plaintiff, assessing the damages at one thousand dollars, and judgment accordingly.

The defendant has appealed from the judgment, and from an order denying a new trial.

The case was here on a former appeal from a similar judgment, and was reversed on the ground of error in an instruction to the jury. (Carraher v. San Francisco Bridge Co., 81 Cal. 98 .)

The defendant had a contract with the board of harbor commissioners to construct a section of the seawall on the water front of the city of San Francisco, which, among other things, required the defendant to fill with sand and rocks a strip between the wall and shore. The sand for this filling was obtained from Black Point, and thence transported by the defendant to the place to be filled (a distance of a mile and a half) on a temporary railroad, by means of a train of twelve to sixteeen cars propelled by a steam locomotive. The rock to be filled in was hauled by teams from Telegraph Hill. Cummings & Co. had a sub-contract with defendant to haul the…