Switow Theatrical Co. v. Fisher

Remy, J. —

Harley Fisher was employed by appellant as night operator of its moving picture machine, to act as janitor of the theatre building, and to assist “in looking after anything that needed fixing.” A part of his duties as janitor was to keep the sidewalk clean in front of the building. On October 7, 1925, Fisher was assisting another employee in repairing the roof of the theatre building. While at work on the roof, his feet slipped, and, in an attempt to balance himself, he caught hold of an old telephone wire that was stretched above the roof, and thereby caused the wire to break and…