Wentz v. Grimshaw

JOHNSON, Vice Chief Justice.

The parties will be referred to as they appeared in the trial court.

The essential facts germane to this appeal are that defendant Grimshaw Construction Company, a co-partnership, by contract constructed a concrete second floor in a certain building and left various openings to accommodate other fixtures to be installed later, one of which was approximately 3' x 4' wide and 30 feet above the concrete floor below.

Defendant allegedly did not (as it was evidently required to do, 65 C.J.S., Negligence, § 85, p. 593) provide railings or other safeguards, or otherwise…