Donnelly

Plaintiff sued defendant to recover damages for injuries sustained by him while in its employ by reason of its negligence. He recovered judgment, and this appeal is taken from the order of the court denying defendant a new trial.

Plaintiff showed that the defendant had entered into a written contract with the Olympic Salt Water Company, a corporation, to construct a pier on the beach near the Cliff House, in the city and county of San Francisco. The work of construction was commenced by the defendant under the contract. M. B. Stone was the superintendent of the defendant company and in charge of the work. Plaintiff was employed by the company through its superintendent, and went to work on the fifth day of July, 1893, and continued to work *420 on the pier until he received the injuries complained of. It was not disputed upon the trial that plaintiff was employed for the defendant by its superintendent. Upon the twenty-first day of July, 1893, the work of pile-driving for the construction of the pier was in progress. A pile had been driven too deep, and the plaintiff, with other men, was sent by the superintendent to lay a foundation for a jack-screw to raise the pile. This…