Buchel

This action is for damages alleged to have .been caused by negligent blasting of rock near plaintiff’s house, by which a rock slide was caused, which destroyed plaintiff’s house, and covered his lot with debris. A jury gave a verdict in favor of plaintiff for three thousand dollars, and defendant now appeals from the judgment and from an order refusing a new trial.

On the appeal but two points are made: 1. Plaintiff was guilty of negligence which contributed proximately to the injury; and 2. There was no evidence whatever to connect the corporate defendant with the alleged tort.

As has often been observed, the question of negligence is peculiarly for the jury. Even when the evidence is not conflicting, the verdict will not be disturbed if different conclusions can reasonably be drawn therefrom.

Plaintiff’s lot was on Vallejo street, one hundred and thirty-six feet west from Sansome. North of his lot was a steep ridge of hard trap rock, some two hundred feet high. Plaintiff’s lot had been graded back to its full' depth, and, as it was claimed, some seven feet beyond his line. This grading bad been done before plaintiff owned the lot, and before defendants owned the adjoining…