Elisalda

—The issue posed on this appeal involves the question of the liability of the defendant-owner of a cement truck for injuries sustained by a plaintiff, not the defendant-owner’s employee, when the truck backed over the plaintiff’s foot as he was getting off the fender of the truck where he had been riding. Although defendants’ contentions on this appeal are numerous, the nub of the appeal concerns the plaintiff’s status as either a passenger or pedestrian for application of the “Guest Statute.’’ (Veh. Code, §17158.)

On March 9, 1962, the plaintiff, Fred Elisalda, was employed as a laborer by one G. L. Keller, a cement work contractor. Plaintiff Elisalda, on that date, was engaged in the patching and repairing of curbs and sidewalks in a newly built subdivision as a “puddleman.’’ In this capacity he was responsible for spreading or puddling the cement as it was poured from the cement truck over the area to be repaired preparatory to its being smoothed and finished before the cement set, by another following group of men customarily known as ‘ ‘ finishers. ’ ’

On the morning in question, plaintiff Elisalda was working with one Ortiz, a ‘ chuteman, ’ ’ who was responsible for…