Valdick
Valdick v. Leclair
Opinion
Lead Opinion
Preston, J.
The above-entitled actions are for personal injuries. They were consolidated in the trial court and tried before a jury. At the conclusion of the evidence the court directed a verdict in favor of the defendant S. D. LeClair. From the judgment entered upon this verdict the plaintiffs prosecute this appeal.
The undisputed facts are briefly these: On the day of the accident in which plaintiffs and appellants were injured, they were employees of one J. A. Bryant, a contractor, who was at the time erecting a concrete structure in Golden Gate Park, San Francisco, known as the “Kezar Stadium.” In raising concrete to workmen above the ground level, an elevator and hoist was used. The mixed concrete was contained in large steel wheel-barrows, called by concrete workers “buggies.” These “buggies” were placed upon a platform, called an elevator or cage, and raised from the ground, one or two at a time, by the hoist to the level of a runway about thirty feet above the ground. As appellants stepped from this runway on to the floor of the elevator, each to remove a “buggy,” the elevator fell, precipitating them to the ground and causing the injuries to appellants upon which these two actions…