Higgins

The plaintiff, a minor eighteen years of age, was employed by defendants in digging a trench for the construction of a sewer in the city of Modesto. While so employed he was seriously injured by the falling of an iron bucket, which was being used to hoist the earth from the bottom of the trench. He brought this action, by his guardian ad litem, to recover damages for the injuries sustained, and recovered a verdict, on which judgment was entered, for the sum of three thou *179 sand dollars, from which judgment and an order denying their motion for a new trial defendants appeal.

Two points only are made for a reversal: 1. That the court erred in denying defendants’ motion for a nonsuit; 2. That the court erred in its instructions to the jury.

The motion for nonsuit was based upon two grounds: 1. That plaintiff had failed to prove that defendants knew of any defect in the machine by which the bucket was hoisted; and 2. That the injury to plaintiff was the result of the fault of a fellow-servant.

It appears that defendants had entered into a contract to construct a system of sewers in the city of Modesto, and were engaged in performing the contract. They had intrusted the…