McAlpine

The action is prosecuted by the heirs of W. S. McAlpine to recover damages of defendants for negligently occasioning his death. At the time of the accident the Young America pile-driver, owned and operated by defendants, was engaged in pulling out piles driven in the bay of - San Francisco. McAlpine was employed in connection with the work as a rafts-man. A pile suddenly leaving its bed released the strain and a hook struck the .headblock, splitting it and knocking off a piece which fell about seventy-five feet? striking McAlpine upon the head and killing him.

Defendants were granted a nonsuit, but upon motion the judge reopened the case for a new trial, and from his order defendants prosecute their appeal.

Newly discovered evidence was one of the grounds urged, but the court granted the motion, believing it had erred in ordering a nonsuit.

The claim of plaintiffs was that the headblock had been improperly bolted and fastened; that for the work *71 of pulling piles it should have been crossbolted to prevent the very splitting which occurred.

The grounds of motion for a nonsuit were: 1. The failure of plaintiffs to show negligence upon the part of defendants; and 2. The…