Hibbitts v. Walter Jacoby & Sons

HATHAWAY, Judge.

This appeal arises out of an action for wrongful death. The cause was tried to a jury and a defense verdict was returned. The plaintiffs have appealed from the judgment entered on the verdict against them and from the order denying their motion for new trial.

The two decedents, who were partners in a welding business, had contracted a job in Somerton, Arizona. The situs of the job was the defendants’ fertilizer plant. They went onto the premises with building materials, welding equipment and a boom truck to erect what was to be a 90-foot fertilizer tower with an elevator. Their…