Walker

At the conclusion of the opening statement by counsel for plaintiff in a nonjury trial, defendant Capistrano Saddle Club (hereinafter Capistrano) successfully moved for a judgment of nonsuit. (Code Civ. Proc., § 581c; Gonsalves V. City of Dairy Valley (1968) 265 Cal.App.2d 400 [ 71 Cal.Rptr. 255 ].) Plaintiff appeals.

We recite the evidence which plaintiff intended to present as revealed by the opening statement of counsel.

Capistrano was developing a subdivision tract and desired to provide access to the subdivision by means of a bridge over a public highway. High voltage electric wires owned and maintained by San Diego Gas & Electric Company spanned the eastern end of the bridge site. Apparently the poles carrying the wires were located on Capistrano’s land, although what, if any, property interest Capistrano had in the bridge or in the land over which it was being constructed is not revealed.

Capistrano contracted with Griffith Construction Company, an independent contractor, to construct the bridge. The independent contractor engaged another person to furnish a crane and operating personnel to do the crane work which was required in constructing the bridge.

On…