Jones

Action for damages for death of plaintiff’s intestate. The appeals are from a judgment in favor of plaintiff and from an order of the trial court denying defendant’s motion for a new trial.

James M. Jones was an employee of the Baker Iron Works, which was a subcontractor for steel work under the defendant, who was engaged, as contractor, in the construction of a large building in the city of Los Angeles. While Jones was engaged in his regular employment on the seventh floor of the building, one of the employees of the defendant in passing over and across the temporary floor above, broke through, causing one of the joists supporting the floor to break into two pieces, one of which fell and struck Jones, precipitating him down the light shaft some sixty or seventy feet to the lower floor and causing his death. The negligence relied upon consisted in the insufficient securing of the joist supporting the floor which was broken through, which does not seem to be or to have been contested.

Appellant contends in support of his appeal that the evidence does not support a finding of negligence upon the part of defendant in this, that it does not show that the death of Jones was due to…