Purchase v. MARDIAN CONSTRUCTION COMPANY, INC.

OPINION

HOWARD, Judge.

This appeal is taken from a judgment entered on a jury verdict in favor of the defendant in a suit for personal injuries. All of the grounds for reversal concern the giving of or refusal to give certain jury instructions.

Briefly, the facts are as follows. On November 18, 1968, Melvin Purchase, hereinafter referred to as appellant, fell from the fifth floor of a building under construction in Phoenix, Arizona. He was an employee of a sub-contractor who had entered into a sub-contract with appellee, the general contractor, to do the painting, texture and drywall work.…