Grizzel

Plaintiff brings this action against the defendant to recover damages for personal injuries sustained while employed in the making of certain repairs on a building owned by defendant. The record discloses the fact that plaintiff was, at the time of.the trial, a man forty-two years of age, and a carpenter, with some ten or twelve years’ experience in that calling in the city of Los Angeles. That as the result of a conversation had with one Aaron, he went to work on the said building. According to his own testimony, plaintiff had no conversation in reference to his being employed or his employment on said work with anyone, except the said Aaron. In that conversation plaintiff made no inquiry as to whether Aaron was the agent, acting in any capacity for the defendant, or whether he was acting in the matter as an independent contractor.

It further appears from the record that Aaron had entered into a verbal contract with the defendant to con struct a certain skylight in the building already referred to; that the price to be paid by defendant to said Aaron was ■stated and agreed upon; that the price so agreed upon was a lump sum, and that for this lump sum Aaron was to furnish all…