Ambrose

While attempting to enter a building at San Anselmo the plaintiff was injured. He commenced an action to recover damages and in his complaint he named as defendants the owners of the property and F. H. Allen, a contractor, who was at the time engaged in making alterations and repairs. All of the defendants appeared and answered. Immediately before the trial the action was dismissed as to the owners. On the issues so made the cause went to trial before the trial court sitting with a jury. The jury returned a verdict in favor of the defendant. The plaintiff made a motion for a new trial, his motion was denied, and he has appealed under section 953a of the Code of Civil Procedure. The charging part of the complaint is as follows: “That on or about the 12th day of March, 1923, at the instance and upon the request of the defendants the plaintiff visited and entered said dwelling or residence situate on Lot 15 in Idalia Park, San Anselmo, State of California, for the purpose and at the request of defendants of making an estimate upon the cost of painting said dwelling; that this plaintiff was thereupon led by the said defendants across a certain part of said premises, then under the…