Talbert v. Ostergaard

Plaintiff appeals from an adverse judgment in an action to recover for personal injuries.

Plaintiff was injured during the course of his employment as a painter. He was the foreman in charge of painting the exterior of the Lankershim Hotel in Los Angeles. His injuries occurred when one side of an electrical swing stage upon which he had been working, gave way and precipitated him 50 feet to a Safeway scaffold below.

The electrical swing stage had been rented by defendant to plaintiff’s employer 23 days before the accident, and had been in use by plaintiff during most of that period. Defendant…