Klarquist v. Chamberlain & Proctor

CRAIG, J.

The plaintiff and appellant Blanche Klarquist, individually and as guardian

ad litem

of certain minors instituted an action for damages alleged to have arisen from the wrongful death of one Edward N. Klarquist upon a public thoroughfare. The defendant and appellant, hereinafter designated as the contractor, was joined with the defendant and respondent, admittedly the owner of certain abutting real property upon which said contractor constructed a building and sidewalk, and the defendant who was driving an automobile which collided with the deceased. From a judgment entered upon the verdict of a jury in favor of the plaintiff and the owner, the plaintiff and the contractor each appealed. Said appeals were consolidated and presented by the same transcript and briefs.

The principal facts as alleged in the complaint are not controverted. In the course of construction of a building upon the southerly side of said thoroughfare, a sidewalk was being installed along the northerly side or front of said building, within a space estimated at fifteen feet in width between the building and the line of east-bound motor vehicle traffic. The deceased while walking in a westerly direction along said southerly side of the street was compelled by obstructions and new pavement at respondent’s premises to enter the main highway in the path of eastbound motor traffic. The defendant driver, proceeding easterly, struck Klarquist, inflicting injuries from which he lost his life.

It is here complained that the pleadings of the plaintiffs were insufficient. We think in the instant case, since no question as to the sufficiency of the complaint was raised by demurrer, that this contention is untenable.

(May

v.

Farrell,

94 Cal. App. 703 [271 Pac. 789].)

The most serious contention presented for decision involves the question of liability of the contracting corporation. This subject will now be considered, not as matter of pleading, but as one of fact and substantive law. It

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