Vestesen

On February 27, 1961, an accident occurred resulting in the death of Louis J. Vestesen, and injury to Vasser J. Allen, who at that time were engaged in the course of their employment for Halbert Brothers, Inc. Actions were brought against defendant Maier Brewing Company for damages for wrongful death of Vestesen and damages for personal injury to Allen. Enterprise Insurance Company, as Halbert’s workmen’s compensation carrier, intervened in both actions; the actions were consolidated for trial. Following a trial on the merits, general verdicts were returned in favor of defendants, and against Vestesen, Allen and the intervener. Motions for new trial were denied. Only Vestesen and Allen appeal, and Allen has adopted Vestesen’s brief.

Facts

Vestesen and Allen were two members of a four-man crew, which also included foreman Toberman and operator Idol; all four men were employees of Halbert Brothers. Halbert Brothers were engaged by defendant Maier to raise two steel tanks from the yard to the roof of a taller building where they were to be lowered through the roof. As part of that operation, the crew was engaged in lifting two “A" frames, weighing about 150 pounds, by means of a…