Hill v. Eaton & Smith

—Plaintiff appeals from a judgment of non-suit. His action for damages for personal injuries was filed against Eaton & Smith who were the general contractors engaged in erecting the building upon which plaintiff was injured. The building comprised a number of units, each unit forming a separate airplane hangar. At the time of his injury plaintiff was employed by the Alta Roofing Co., who had subcontracted to place a roof upon the building. There is no real dispute as to the facts.

Viewing the evidence in the light most favorable to the plaintiff, he had proved at the time of nonsuit that he…