Brown v. Sharp-Hauser Contracting Co.

This is an action for damages for personal injuries, and from a judgment in favor of the plaintiff, entered upon the verdict of the jury, and from an order denying its motion for a new trial defendant appeals.

Under contract with the Santa Fe Railroad Company the defendant was engaged in cutting down a hill along the railroad line near Orange in Los Angeles County. The work of removing the hill was done by blasting down the bank and using a steam shovel to load the loosened earth upon ears which conveyed it away. The steam shovel was propelled by a traction engine operating over a bed of ties…