Baddeley

Action for recovery of damages for personal injuries.

Plaintiff, being a servant of the City Transfer Company, of the city of San Francisco, called at the private dwelling-house of defendant, at the latter’s request, for the purpose of carrying two trunks from there to the railroad depot. After having taken the smaller trunk to his wagon he returned for the larger trunk, which was very heavy. Defendant then told him he would not be able to carry that heavy trunk downstairs, and offered to assist him; but plaintiff declined the proffered assistance, and placed the trunk upon his back, saying to defendant: “You put that young lady on top of this trunk and I can take her down.” He then went down the inside stairs, passed out at the front door and down the front steps to a platform about three steps above the sidewalk. When he stepped down upon the platform, the plank upon which he stepped broke, letting his leg through the opening made by the break, and fracturing one of the bones (fibula) at the juncture of the ankle.

The issues of fact were tried by a jury, whose verdict was in favor of the plaintiff, and the judgment of the court was in accordance with the verdict. The defendant…