Spence

This is an appeal by defendant from a judgment in favor of plaintiff, and from an order denying defendant’s motion for a new trial.

This is an action to recover damages for personal *211 injuries sustained by respondent, and caused by bis falling into a deep excavation in a sidewalk on a lot and premises owned by appellant, and situated on the corner of Washington and Kearny streets, in the city and county of San Francisco. At the time of the accident appellant was constructing a building on said lot, and an excavation about fourteen feet deep had been made in the sidewalk, and left unprotected by any barricades or lights around it. About ten o’clock, p. m., of the evening of November 19, 1889, the respondent, a stranger in the city, while walking along Washington street, fell into said excavation, and was seriously injured. He was not guilty of contributory negligence.

The main ground upon which appellant contends for a reversal is, that he had made several different contracts wúth several different parties by which each of said parties was to do the work, and to furnish materials necessary to the completion of particular parts of said building; that said parties were…