Peterson

The appeal is from a judgment of nonsuit in an action for damages for the death of the intestate, Albin Peterson. He was killed as the result of a seven-story fall in a light-well of the- Colonial Hotel on Bush Street, San Francisco. He was an experienced journeyman painter and at the time of his death was working for his brother, the respondent, who was a contracting painter. The latter had contracted for the entire job of painting said hotel and the deceased acted as foreman in the work. The management of the job was left entirely in the decedent’s hands. He directed the work of all the men, numbering eight, told them what to do and how to do it and the respondent did not interfere with his control although making suggestions to the foreman as to the easiest way to do portions of the work. The decedent had “the privilege of doing the work as he pleased.” The bath rooms in said hotel were located on an inside light-well. The light-well was five feet long, three feet wide and the only entrances to it were through the doors of the various bath rooms. Over the top of the light-well there was a cover—a skylight fastened down. The ropes used by painters in the familiar apparatus for…