Stultz

The plaintiff commenced this action to recover from the Benson Lumber Company, and Horace Raymond Newby and Charles D. Newby, damages for personal injuries sustained by falling from a collapsing scaffolding on which he was working. The trial court sustained without leave to amend the demurrers of the defendant, Benson Lumber Company, and of the defendants Newby. From the judgment entered accordingly the plaintiff has appealed.

The following facts appear from the complaint: The plaintiff was a painter in the employ of the defendants Newby at San Diego. On April 26, 1934, he was working in the course of his employment on a scaffold or platform which had been constructed by his employers. While he was so occupied a plank of lumber, which had been used as a main support in the construction of the scaffolding, collapsed. The plaintiff was thereby precipitated to the ground and seriously injured. The plank was cross-grained and so filled with knots as to be defective, unsafe and inappropriate for the purpose. It was further alleged that the defective plank was manufactured and sold to the plaintiff’s employers by the defendant Benson Lumber Company; that the Benson Lumber Company was…