Alber v. Owens

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…