People Ex Rel. State Department of Public Works v. American Smelting & Refinining Co.

The plaintiff, an employee on the San Praneisco-Oakland Bay Bridge, while engaged as a flagman, at about 7:45 A. M. on the 11th day of October, 1936, was directing traffic on the eastern end of said bridge. The officers in charge of the bridge were commencing to paint the ceiling of the lower deck of the bridge. For that purpose they were using a movable gantry. From time to time the gantry was moved and in moving it it became necessary to protect the employees from being injured by passing traffic. Flagmen were stationed on each side and the plaintiff was stationed on the eastern side. A…