McDonough Construction Co. v. Benefield

Felton, Chief Judge.

The court erred in overruling the special demurrer to subparagraph (a) of paragraph 23 of the petition. The petition shows that all work on the hangar had not been completed and does not show that the plaintiff did not know of the unfinished floor. It would seem that the defendant would have met the requirement of ordinary care as to subcontractors on the premises by giving some kind of notice that there was an unfinished section in the concrete floor. The defendant would not be required to put a guard around the incomplete section, of the presence of which the plaintiff…