Pollock

In this personal injury action the trial judge directed the jury to return a verdict in favor of defendant. Plaintiff appeals from the judgment entered thereon.

Defendant, Standard Oil Company, entered into a written contract with Todd Shipyards Corporation under the terms of which Todd was to perform an annual overhaul of a Standard Oil barge. The work consisted mainly of sandblasting, repainting and minor repairs to the hull, deck and deck machinery. The total contract price was $9,345 and the work was to be completed in five working days.

Standard towed the barge to the Todd shipyard and Todd put it in drydock. After the hull had been sandblasted and repainted, Todd put the barge back in the water, tied it to one of its piers, and proceeded to complete the work.

Plaintiff was employed by Todd as a welder. He had finished patching two small holes on top of the deckhouse and was descending a metal ladder which ran up the side of the deck-house from the main deck when he lost his footing on the first rung and fell to the deck below, thereby sustaining personal injuries. His complaint about the ladder and the cause of his fall will be discussed later.

This action is brought…