Wolfe v. Green Mears Construction Co.

WOOD (Parker), J.

Appeal from a judgment of nonsuit, in an action for damages for personal injuries sustained as a result of falling into a ditch.

Defendant Haddock Engineers was general contractor for the construction of a United States Naval Ordnance Test Station in the Ho j ave Desert, about 9 miles from Inyokern, which construction work included the excavation of a ditch for the installation of a pipeline.

Oil Field Construction Company was a subcontractor of Haddock Engineers.

Defendant Green Hears Construction Company was subcontractor of Oil Field for the excavation of the ditch, installation of the pipe, and filling the ditch after installation.

Plaintiff, an insulator-plasterer, was employed by Plant Rubber and Asbestos Works, which was a subcontractor of

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Green Hears. He began such employment in November, 1944. The naval station covered an area about 20 miles long and several miles wide. Within that area there were paved streets and dirt roads; and, among other things, there were barracks, mess halls, stores, a bank, a barbershop, a hospital, warehouses, recreation buildings, and a ball park. Plaintiff worked as an insulator or plasterer of buildings within the production area of the naval station or base, which area was about 10 miles from the place where the accident occurred; and he lived in barracks which were about half a mile from the place of the accident. Plaintiff had an employee’s badge and he was not restricted in walking any place on the base, except in the production area and in places which were fenced with barbed wire and where there was a guard.

The ditch involved here was within the base area, was about 6 feet deep and 100 feet long, and was parallel with and about 10 feet south of

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C ” Street. Approximately 3,000 employees traveled on C Street daily. Usually plaintiff rode to his work in a station wagon with other employees, and they traveled on that street.

The accident occurred on September 4, 1945. During the week preceding the accident, plaintiff had been on vacation and away from the base. He worked on September 4, and returned to his barracks about 5:30 p. m. About 7:30 or 8 p. m. he went with two of his fellow employees in an automobile to the business center (located southwest of his barracks). He went into a barbershop and then his fellow employees left him, stating that they were going to the recreation place (where there was a ball park). After getting his hair cut he went to a store and bought hair tonic and a carton of book matches. (Appellant asserts that the materiality of such patronizing was that it indicated that he was an invitee.) Then, between 8 and 8:30 p. m., he started to walk to his barracks. He walked in a northeasterly direction to the intersection of J and C Streets. C Street was paved. There was no light at that intersection, but a light (a red lantern) was there before he left for his vacation. As he turned to go west on C Street he saw a red light on a barricade, across C Street, about 300 feet west of said intersection. At the barricade there was a detour, about 500 feet long, which extended to the north and west around some construction work on C Street. North of C Street there was a pile of dirt which was 6 to 8 feet high—the detour went around it. The detour was in the sand and consisted of automobile or truck ruts. Appel