Valentine

This is an action brought to recover the sum of fifty thousand dollars as damages for the death of one Clarence C. Valentine, caused by a fall from a building in bourse of construction, and alleged to have been due to the negligence of defendants. The action was instituted by Flora A. Valentine as the surviving wife, and by the other plaintiffs as surviving children of the deceased.

Defendant Bickel, the owner of the building, was made a party defendant by reason of the existence of a state statute and a city ordinance making it incumbent upon the contractors for the erection of a building of more than two Stories to cover all beams and girders with flooring to prevent workmen from falling more than one floor, and upon the owner where the contractor has neglected to do so.

At the conclusion of plaintiff’s case the action was dismissed as to defendant Bickel on her motion for a nonsuit, upon the ground that the evidence showed that this duty was complied with by the contractor, and that the accident occurred in a light-well where there was to be no permanent flooring. The trial then proceeded as to defendant Hayes, the contractor, and resulted in a verdict in favor of plain-.…