McDonald

This action was brought to recover damages for injuries received by plaintiff, caused by the falling of a scaffold, while he was in the employ of the defendant as a carpenter engaged in building a warehouse on Sansome street, in the city and county of San Francisco. At the close of the testimony offered by plaintiff the court granted the motion of the defendant for a nonsuit, and judgment was accordingly entered. Plaintiff made a motion for a new trial, which was denied, and this appeal is from the order so made.

The sole question here is as to whether or not the court erred in granting the nonsuit.

The facts as shown by the pleadings and evidence are briefly as follows: The plaintiff at the time of the injury was in the employment of the defendant as a carpenter in the construction of a building and warehouse. He was one of a number of carpenters employed by the same defendant in constructing the same building. The defendant was the contractor, and one Owens, also a carpenter, was the foreman under whom plaintiff was working. The plaintiff, the foreman Owens, and all the carpenters were engaged in the same general work in and about the erection and construction of the building.…