Hansen

This is an action to recover damages for personal injuries alleged to have been sustained by the plaintiff, an infant of the age of about seven years, through the wrongful acts, negligence, and default of the defendants, their agents and servants.

The cause was tried before a jury. Plaintiff had a verdict for ten thousand dollars, upon which judgment was entered in his favor. Defendants appeal from the judgment and from an order denying their motion for a new trial.

The complaint contained two causes of action.

According to the first count or cause of action set out in the complaint the defendant “ The Southern Pacific Railroad Company,” a corporation, was and is the owner of a railroad, roadbed, track, etc., extending from San Francisco south, to and beyond the southerly limits of the city and county; that the other defendant was and is the lessee of said railroad and operates the same; that said lessee placed and maintained upon said railroad near Thirtieth street, San Francisco, a cattleguard which is described at length and as being so constructed as to be dangerous in character to persons crossing or attempting to pass over the same, all of which was well known to…