Walter H. Campbell and Aetna Casualty & Surety Co., Inc., a Corporation v. John Barnett, D/B/A Ksws-Tv, and Andrews Tower, Inc., a Corporation

BREITENSTEIN, Circuit Judge.

Appellant-plaintiff Campbell was injured in the collapse and fall of a television tower owned and operated by ap-pellee-defendant Barnett and built by appellee-defendant Andrews Tower, Inc. In his complaint plaintiff asserted that the owner and the builder were each negligent and, hence, liable to him. Jurisdiction is based on diversity. The jury returned a verdict for the defendants. In this appeal the principal errors urged relate to instructions of the court.

Barnett, the owner of a television station at Roswell, New Mexico, hired Andrews Tower, Inc., to build a…