Brust

Plaintiffs bring suit for the recovery of damages for the death of Edward J. Brust, husband and father to them respectively. The decedent was an employee of Baker Iron Works at the time of his death. Upon due application therefor that corporation, under award by the Industrial Accident Commission, was required to render compensation for the death of Brust. It becomes an intervener in this action for the purpose, if plaintiffs shall be successful in the suit, of recovering what it has paid under the award. Defendant had judgment and plaintiffs and the intervener appeal from the judgment and from an order of the trial court denying their motion for a new trial. Throughout this opinion defendant will be referred to as Kubach Company and intervener will be referred to as Baker Company.

The death of Brust occurred during the construction of the Los Angeles city hall. Kubach Company was the general contractor for the construction of the building. Baker Company was an independent contractor whose duty it was to install the elevators in the structure. For the purpose of raising to appropriate place the materials to be used by it in constructing the building, Kubach Company had erected a…