Moore v. B. F. Sturtevant Co.

Citations

• 228 Pa. 399
• 77 A. 564
• 1910 Pa. LEXIS 495

Syllabus

<p>Negligence — Independent contractor —■ Evidence — Contract—Question for fury.</p> <p>A contractor to place machinery and erect a smokestack sublet the building of the smokestack to another person. The contract between them was partly in writing and partly oral, and there was a dispute in relation to the oral part of it. A man in the employ of the owner of the property was injured by the fall of material in the building of the stack. In a suit brought by the injured man against the contractor there was evidence tending to show that while the subcontractor furnished men and machinery, the whole control and management of the work was under the charge of the contractor. Held, that the case was the jury, and that a verdict and judgment for the plaintiff should be sustained.</p>