Valentine

This action was instituted by the widow and minor children of Clarence A. Valentine to recover damages for his death resulting from a fall from a ladder while in the course of his employment as a carpenter under the defendant Hayes during the construction of a building in the city of San Francisco. The case was tried before a jury and a verdict rendered for #7,500 in favor of the plaintiffs. Thereafter the 'defendant moved for and was granted a new trial upon the sole ground that the trial court had erred in giving a certain instruction to the jury. From this order granting a new trial the plaintiffs appealed to the district court of appeal, first appellate district, division one. That court held that though the ground upon which the new trial was granted was insufficient as the instruction complained of was a proper one, nevertheless, a new trial was properly granted because the evidence-was insufficient to support the verdict. Thereafter the case came on for a second trial, at which time an amended complaint was filed setting forth in some greater detail the manner in which it was claimed that the place of work was unsafe. The trial was had, which resulted in a verdict for the…