Michener

This is an appeal from a judgment entered upon the verdict of a jury awarding damages to the plaintiff in the sum of two thousand dollars for personal injuries alleged to have been incurred on September 28, 1922, by reason of the negligence of the defendants. At the time of his injury the plaintiff was engaged as a carpenter in the construction of a residence building in the city of Los Angeles. The defendant Hutton was the plumbing contractor for said building and the defendant Goekler was his employee. It appears that Goekler on the day preceding the accident had installed a vent pipe extending from the second floor of the building to and through the roof. This pipe was run up in sections, each one of which was bell-shaped on the upper end so that the section next above it rested in the bell-shaped top of the one next below. The testimony discloses that it is usual to pack the joints of such a vertical pipe with oakum or hemp, which is tamped into position and molten lead poured thereon, the latter serving to harden and seal the joint. Among other things, Goekler testified, and without contradiction, that he had properly packed and caulked the several joints of this pipe with…