The Fluor Corporation, a Foreign Corporation, and Graver Tank Company, a Foreign Corporation v. Gerald T. Black and Gladys I. Black, Husband and Wife

In this diversity action appellee has-secured a judgment against both appellants for personal injuries sustained by a fall. The accident occurred at a missile site in Arizona during a period of construction. Appellant Fluor was the general contractor on the construction job and appellant Graver was one of its principal subcontractors.

Appellee was an employee of another subcontractor whose function was to deliver drinking water to the construction site. On April 3, 1961, at about 8 o’clock P. M., he was injured while delivering water to site No. 8. The site was under construction and there was loose dirt and fill in the area where the missile pit had been dug and was being filled in. Appellee’s job required him to service a water stand located at one side of the-missile pit. He found his normal route to the position of the stand blocked by I-beams and other structural steel lying on the ground and by a crane and by some large drums. He then discovered that he could reach the water stand by stepping over one of the I-beams. Carrying a ten-gallon can filled with ice and water he attempted to do so and fell backward and in so doing injured his back. The area in question was lighted…