Berryman

The plaintiff appeals from a judgment of nonsuit in favor of defendant Bigge Drayage Company, and from a judgment on a verdict in favor of defendant Bayshore Construction Co.

Plaintiff’s suit was one for damages for personal injuries arising out of these facts: Bayshore Construction Co. was general contractor in the construction of the Social Security Building in Oakland; the Pitzmaurice Cement Company was engaged as a subcontractor to pour the cement floors; plaintiff was a member of a four-man crew engaged in putting the wet cement in place on the day of the accident; the defendant Bigge Drayage Company, at the request of the general contractor, was hired to provide a crane and an operator to deliver the wet cement from the street to .the Pitzmaurice Cement crew working on the second floor. The wet cement was first poured into a large bucket at street level; the Bigge crane operator would then raise the bucket vertically to the roof of the building, some four stories in height. When the bucket had attained sufficient height to clear the roof, the operator would swing the boom and bucket out over the building in order to lower it to the cement crew working below. After the…