McGraw

This appeal is by the defendant from a judgment in favor of the plaintiff, and from an order denying defendant's motion for a new trial.

The action is for the recovery of damages for personal injuries. A jury trial was had and a verdict returned awarding damages to the plaintiff in the sum of three thousand dollars.

The defendant is the owner of two lots fronting on the north line of J street in the city of Sacramento. These lots are six or seven feet below the grade of the sidewalk, and on them was a shed, the front of which was fifteen or sixteen inches from the inner line of the sidewalk. The former sidewalk consisted of hoards, and this was removed in August, 1894, and a bulkhead erected on the line of the lot, and the space between it and the eurb filled with earth, with the intention of laying a stone sidewalk. The front of the shed was supported by posts, but was not boarded up, and the floor was about six inches lower than the top of the bulkhead.

While the sidewalk was in this condition the higher part, near the bulkhead, was principally used hy people walking over it, and on the 18th of November, 1894, after night, the plaintiff fell into the opening or space between…