Bondulich

This is an appeal by defendants 0. E. Anderson Company, 0. E. Anderson and Florence Anderson, individually and as co-partners of said company, from a judgment in favor of plaintiff Roy Bondulich.

The facts are substantially without dispute. On December 2, 1957, the plaintiff, Roy Bondulich, was injured during the course of his employment as a hod carrier for the Knowles Plastering Company. He was working on the building of a new wing for the San Jose Hospital. The general contractor was the 0. E. Anderson Company. The Knowles Plastering Company and the San Jose Steel Company were subcontractors. The plaintiff, during the course of his duties, was required to carry plaster from a portable mixer to the area where the plasterers were at work. The accident occurred when the plaintiff, in the performance of his work, passed beneath a scaffold constructed by the 0. E. Anderson Company. The scaffold in question was of the “waler bracket” variety, and was equipped with wooden guardrails which were not nailed or bolted into place, but which were laid into plywood slots on top of the uprights. As the plaintiff neared the scaffold, the employees of the San Jose Steel Company were attempting…