Olvera

Appellant corporations, called respectively Barnes and Ringling, seek reversal of a verdict based judgment holding them liable for the injuries sustained by appellee trapeze performer in the shows of the Barnes circus, in a fall from her trapeze installed by employees of Barnes. She fell to the earth at a point about a foot outside the net held and to be moved by the employees of Barnes to catch her.

The amended complaint on which the case was tried tendered the issue that appellants were grossly negligent both with respect to the installation of the trapeze and the movement of the net.

There had been a former trial and judgment against appellants and an appeal to this court. We there reversed the judgment and held that the relationship of the appellee to appellants was that of an independent contractor to perform in Ringling’s circuses, of which Barnes’ circus was one, and that under the law of Florida, which we regarded as controlling, failure on the part of Barnes to perform its part in the contract for appellee’s act would impose liability upon appellants only if it amounted to gross negligence. 9 Cir., 119 F.2d 584 .

*498 On the second trial there was a stipulation of the…