Markley

Plaintiff was injured when a railing along a mezzanine in a warehouse gave way and he fell to the floor below. At the time of the accident he was going to the roof of the building to service a fan of the ventilating system of a restaurant on the ground floor. About ten months before the accident, the owners of the building sold certain equipment to contractors who agreed to remove it from the building in a workmanlike manner. The equipment included bins tha1 had been built around the guardrail on the mezzanine from which plaintiff fell.

Plaintiff brought this action against the contractors and the owners to recover damages for his personal injuries. He alleged that the contractors negligently created the dangerous condition of the railing in removing the bins and that the owners negligently failed to inspect the premises and to either correct the condition or warn plaintiff of the danger. The owners cross-complained against the contractors for indemnity in the event plaintiff should recover a judgment against them. The jury returned verdicts in favor of plaintiff against the owners and contractors on the complaint and in favor of the owners against the contractors on the…