King

—Plaintiff commenced this action to recover damages for injuries which he received when he fell into a ditch at the reception center for evacuated Japanese at Manzanar, California. At the conclusion of plaintiff’s evidence the court granted defendants’ motion for a nonsuit and plaintiff has appealed from the judgment entered thereafter.

The reception center at Manzanar in April, 1942, was being prepared as rapidly as possible by the United States Government for the reception of the Japanese who were being evacuated from the coastal areas. The general contractor for the work was Griffith Company, a corporation, and defendants Vincent and Pringle held a subcontract under which they were to excavate trenches for the laying of sewer pipe. Plaintiff was an employee of Asbestos Roofing and Insulation Company, holder of a subcontract for the roofing and papering on the buildings.

The camp for the Japanese was built in blocks of buildings on a gentle slope from the mountains toward the main highway. The streets were being located on this slope approximately 400 feet apart and at intersections of about 600 feet intersecting streets were being prepared to run parallel to the…