MacKenzie v. Angle

Plaintiff sued defendants for damages for personal injuries sustained by him when he was struck by a plank which fell from a theater building under construction by defendants in the city of Dos Palos, it being alleged that the falling of such plank was due to the negligence of defendants. Defendant Elmer K. Angle and his wife, Ella M. Angle (the latter-¡having been substituted for one of the fictitious defendants), answered the complaint, denying negligence and further alleging that at the time plaintiff was injured he was a trespasser upon defendants’ property and that he was, himself,…