Gaw

Plaintiff brought this action for damages for personal injuries allegedly arising from a trip-and-fall incident which occurred on defendant’s property. He appeals from a judgment entered on a verdict for defendant following a trial by jury.

At the time of his injury plaintiff was employed by Pacific Inspections, Inc., a company which was in the business of making inspections and reports on properties for which insurance had been sought. His duties consisted of personally inspecting such properties as were assigned to him for this purpose, and making a written report to his employer for transmittal to the insurance company that had requested it. This report was then used by the insurance company in deciding whether a policy of insurance would be issued or renewed.

On May 31, 1960, plaintiff was instructed by his employer to inspect and report on the real property and improvements located at 440 North Alvarado Street in Los Angeles. This property was owned by defendant, a licensed real estate broker, having been acquired by him about a year previously for investment and income purposes. The improvements on the property consisted of: an unoccupied store building which fronted on…