Perrine

This is an appeal by the plaintiff, Ronald Perrine, from a judgment rendered in favor of defendant, Pacific Gas and Electric Company (hereinafter referred to as P.G. & E.), under the provisions of Code of Civil Procedure, section 630.

Viewing the evidence in the light most favorable to plaintiff, the facts are:

Plaintiff, a bricklayer, was employed by a subcontractor in the construction of a warehouse by defendants, Underground Construction Company and F. P. Lathrop Construction Company, as general contractors, for defendant California Packing Corporation (hereinafter called Cal Pak), in Oakland, California. Defendant P.G. & E. owned and operated an overhead 12,000-volt electric line extending along the street bordering the south wall of the building. At the time of the accident, plaintiff, standing on a steel beam, was handling a 30-foot length of %-ineh steel reinforcing rod which was to be placed in the south wall. The wall had reached a height of 28 feet from ground level inside the building; the nearest 12,000-volt line was a horizontal distance of about 7 feet, 4 inches from this wall; the distance on a vertical slant between this line and plaintiff’s position at the point…