Valentine v. Hayes

NOURSE, J.

This action was instituted by the widow and minor children of Clarence A. Valentine to recover damages for his death resulting from a fall from a ladder while

[651]

in the course of his employment as a carpenter under the defendant Hayes during the construction of a building in the city of San Francisco. The case was tried before a jury and a verdict rendered for #7,500 in favor of the plaintiffs. Thereafter the 'defendant moved for and was granted a new trial upon the sole ground that the trial court had erred in giving a certain instruction to the jury. From this order granting a new trial the plaintiffs appealed to the district court of appeal, first appellate district, division one. That court held that though the ground upon which the new trial was granted was insufficient as the instruction complained of was a proper one, nevertheless, a new trial was properly granted because the evidence-was insufficient to support the verdict. Thereafter the case came on for a second trial, at which time an amended complaint was filed setting forth in some greater detail the manner in which it was claimed that the place of work was unsafe. The trial was had, which resulted in a verdict for the plaintiffs in the sum of #7,500, and from the judgment following the defendant has prosecuted this appeal.

The facts of the case are clearly stated in the former opinion

(Valentine

v.

Hayes,

37 Cal. App. 42, 45 [173 Pac. 410, 411]), from which we quote: “In the construction of the building the defendant provided a system of ladders in a light-well for his employees to be used in ascending to and descending from their work. At each floor planks were run across the light-well resting on the window-sills. From these platforms ladders were run, each ladder being one floor in height, running from alternating sides of the light-well. The platforms so constructed were about two feet six inches in width, filling up the entire space in the windows between which they extended, and the boards thereof were two inches thick. The ladders resting upon these platforms were about twenty-two inches wide at the bottom and eighteen inches wide at the top. The platforms were secured by nails, and there is no evidence to show that the system adopted was not strong and substantial and reasonably safe for the purpose for which it was used. At the time deceased received the injuries resulting in his death nothing gave way or broke about the ladders or platforms. The evidence further shows that when the accident happened deceased was going down one of the ladders carrying a lot of tools, with his