Allen

This is an appeal from a judgment for the defendant following the verdict of a jury, in a suit for damages for personal injuries. The chief controversy arises over the question as to whether the intervener was an invitee or a mere licensee in his use of a runway over an excavation adjoining a building, from which he fell in attempting to cross in the course of his employment.

The defendant was a general contractor to whom the construction of the Union Safe Deposit Bank building at Stockton had been awarded. The intervener, Victor Peterson, was employed as foreman of the steel structure workmen by the Williams Construction Company, a subcontractor of the defendant. The steel frame for the building had been completed. The area reserved for sidewalks adjoining the building had been excavated to be used as an extension of the basement. This space was nine feet wide and twelve feet in depth and was still uncovered. The concrete walks had not yet been laid. For the purpose of conveying a 700-pound circular steel saw into the building the defendant constructed a runway across this open space the night before the accident occurred. It was built by laying four two by ten inch planks which…