King v. Timber Structures, Inc.

On May 7, 1954, the roof trusses of a building which was being constructed for Safeway Stores, Incorporated, in Redwood City collapsed. Six employees of M. J. King, appellant, the general contractor, were injured. They brought action against Safeway as owner; as employees they could not sue King. Safeway settled all but one lawsuit (the one resulted in nonsuit) and then brought action against King and his surety on a contract of indemnity, for the settlement amounts plus various fees, expenses and costs in defending the action, a total of $39,003.50 and expenses caused by delay, $1,498.87.…