Carr v. Wm. C. Crowell Co.

Defendant Crowell is a general building contractor. About 10 a. m. on February 2, 1944, Herman W. Enloe, one of defendant’s employees, marked and tacked a 20-foot 2x4 plate temporarily in place on the second floor of a building under construction. This work ordinarily followed the laying of the hardwood floors and their oiling for protection from the weather. The floor on the second story of the building had not yet been oiled. Plaintiff, an employee of a subcontractor, was laying flooring between two stairways leading to the second floor. He observed Enloe’s activities and remarked, “Take it…