Alber

Plaintiff appeals from a judgment of non-suit entered in an action for damages for personal injuries.

Viewing the evidence under the applicable rules (Blumberg v. M. & T. Inc. (1949) 34 Cal.2d 226, 229 [ 209 P.2d 1 ]; Estate of Lances (1932) 216 Cal. 397, 400 [ 14 P.2d 768 ]), we set forth the following pertinent facts. Plaintiff was the president and a co-owner of Alber & Van, Inc., a cement subcontractor for the construction of an apartment house complex. Charles Van Landingham, the other co-owner, was vice-president of the firm. Although the duties of the two men sometimes overlapped, generally speaking, plaintiff’s position was that of a manager and superintendent while Van Landingham’s was that of a foreman. Plaintiff’s duties were to estimate the job, assign the work, and act basically as a coordinator. He was a working employee of the firm, receiving a weekly salary of $200; he did “physical work” on the jobs and in addition to his other duties “would go out and help pour on the jobs”; he was a member of “the union.” Defendants were the own *792 ers, developers and the general contractor-supervisor of the project.

On the day of the accident here involved, Rex Walker, a…