McDonald v. City of Oakland

This is an appeal by the plaintiffs in a wrongful death action from a judgment entered in favor of defendant City of Oakland, upon the granting of its motion for nonsuit.

The facts are without dispute. Lawrence McDonald, appellants’ decedent, while an employee of J. A. Boehner, was killed by an explosion during the painting of a tank located at the Oakland Municipal Auditorium. Boehner, a licensed painting contractor, had entered into a written contract with respondent city, whereby he agreed to reline two sprinkler tanks located at the auditorium. Boehner undertook the job as an independent…