McLain

Action for personal injuries, plaintiff alleging that the same were occasioned through the negligence of defendant and while he was an employee of defendant and were received in the course of his employment.

It appears from the record that defendant entered into a contract with the owners of a building in the course of construction in the city of Los Angeles, through which it agreed to furnish material and labor to prepare and erect all interior trim, sash and metal frames, and work of kindred nature, which contract forbade the subletting of any part of the work without the architect’s consent; that by the terms of the contract defendant was to furnish and pay for all scaffolding, staging, etc., necessary for use in the construction work and should personally superintend the work, keeping a competent foreman direct from the factory on the job. This contract was never assigned. One Bedell negotiated, with reference to the contract entered into by defendant, with the owners and thereafter assumed charge of the superintendence of the work. Through Bedell plaintiff was employed, and his injury was occasioned by reason of a defective elevator furnished as an appliance or place upon…