Miller v. Weinberg

Lynch, Judge.

The defendants, Bernard Weinberg and Harry Ruben-stein, compose a partnership; they trade as Atlantic Engineering & Construction Co. (they will be referred to hereafter as Atlantic). Atlantic was the general contractor, constructing a number of houses at a sub-division near Wilmington, Delaware, known as Alban Park. Chesin Roofing Company, Inc. (referred to hereafter as Chesin) was the roofing sub-contractor on the project. The plaintiff Miller was one of its employees, and foreman of Chesin’s crew.

Miller alleges he fell on October 12, 1959 while working on a scaffold at the…