Madsen

We have before us two appeals of the defendant S. D. LeClair, which have, by stipulation of the parties, been consolidated and presented in a single record. Each of the plaintiffs sued defendant for damages for personal injuries suffered as a result of the falling of a construction elevator cage used in the hoisting of building materials and equipment going into the construction of a concrete structure known as Kezar Stadium in Golden Gate Park, in San Francisco. The trial, which has resulted in this appeal, was the second trial of the case, and was had before the court without a jury. In the former trial, with a jury, the court directed a verdict in favor of the defendant. Upon an appeal the judgment was reversed. (Valdick v. LeClair, 106 Cal. App. 489 [ 289 Pac. 673 ].) Upon a second trial the court gave judgment in favor of the plaintiff F. Valdick in the sum of $2,050, and in favor of the plaintiff A. Madsen in the sum of $3,000. The appeal is from each judgment.

At the beginning of the second trial counsel agreed by stipulation that certain facts, as set forth in the opinion of the court in Valdick v. LeClair, supra, were established. We consider it advisable for the…