United States Gypsum Co., Inc. v. Balfanz

JOSEPH C. HUTCHESON, Chief Judge.

The suit was for damages for personal injuries sustained by plaintiff, a building contractor, as the result of a fall into an open air duct or tunnel in the heater room which plaintiff, as the contractor, had caused to be dug.

The claim in general was that while plaintiff was on his way to talk to two of his men who were working in one of the three large steel pipes or tubes, each thirty feet long and four feet in diameter and spaced about two feet apart, which composed the heater unit, he fell into the open end of the tunnel which defendant had negligently…