Gale

This is an action to recover damages from the defendant, John Gale, for injuries sustained by the plaintiff in falling through an open trapdoor, *441 constructed and maintained by defendant in the sidewalk, upon the west side of Polk street, between Bush and Sutter streets, city and county of San Francisco. Plaintiff had a verdict for four hundred dollars, upon which judgment was entered in his favor. The appeal is by defendant from the judgment.

At the close of the testimony on the part of the plaintiff defendant moved for a nonsuit upon several grounds, the only important one of which is involved in the proposition that if any injury was received by the plaintiff it was due to his own want of ordinary care and prudence, and that his own negligence contributed directly to such injury.

The motion for a nonsuit was overruled by the court, and such ruling constitutes the only assignment of error.

The evidence on the part of plaintiff tended to show that for ten years prior to March 1, 1893, plaintiff had kept a cigar-store on the west side of Polk street, between Sutter and Bush streets. Defendant, for say eight years, had owned a building consisting of two stores north of and…