James P. Sullivan v. Shell Oil Company, Herman R. Engberson v. Shell Oil Company

This appeal raises the question of the duty of an owner-occupier of premises to the employees of an independent contractor engaged in dismantling a tank on the premises. The action is one to recover damages for personal injuries sustained when the center column of one of defendant’s storage tanks on which plaintiffs were working, collapsed.

The question is here on appeal by plaintiffs, Sullivan and Engberson, from a directed verdict and judgment in favor of defendant, Shell. Jurisdiction of the District Court was based on diversity of citizenship.

Upon appeal from a judgment of dismissal entered upon the close of all the evidence, the appellant is entitled to the benefit of every inference which can reasonably be drawn from the evidence viewed in the light most favorable to the cause of action asserted. Gunning v. Cooley, 1930, 281 U.S. 90, 94 , 50 S.Ct. 231 , 74 L.Ed. 720 ; Schnee v. Southern Pacific Co., 9 Cir., 1951, 186 F.2d 745, 746 ; Graham v. Atchison, T. & S. F. Ry. Co., 9 Cir., 1949, 176 F.2d 819, 823 ; Kingston v. McGrath, 9 Cir., 1956, 232 F.2d 495 .

Viewing the evidence in such light, the record discloses the following: Plaintiffs were employees of Southwest Welding…