Maguire-Penniman Co. v. Lombard

Citations

• 195 F. 477
• 115 C.C.A. 387
• 1912 U.S. App. LEXIS 1401

Syllabus

<p>1. Negligence (§ 136*)—Building Operations—Death op Workman-Breaking of Staging—Jury Question.</p> <p>In an action for death of a bricklayer caused by staging breaking, held, under the evidence, a jury question whether defendant, a general contractor, was responsible for the staging, notwithstanding an agreement with decedent’s employer, a subcontractor, that he should construct it.</p> <p>[Ed. Note.—For other cases, see Negligence, Cent. Dig. §§ 277-353; Dec. Dig. § 136.*]</p> <p>2. Master and Servant (§ 193*)—Building Operations.</p> <p>The rule applied that a general contractor cannot escape liability for death of a subcontractor’s bricklayer caused by negligent construction of staging on the theory that decedent and the man who constructed the staging were fellow servants.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 480-485; Dec. Dig. $ 193. *'J</p> <p>3. Master and Servant (§ 201*)—Fellow Servant Doctrine—Applicability. .</p> <p>The rule applied that an employer is liable for injury caused by negligence, notwithstanding co-operating negligence of a fellow servant.</p> <p>[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. §§ 515-534; Dec. Dig. § 201.*</p> <p>Concurrent negligence of master and fellow servant, see note to Maupin v. Texas & P. Ry. Co., 40 C. C. A. 236.]</p>