Legal Opinion

Benn v. Null

Supreme Court of Iowa

Decided December 11, 1884PublishedCited by 15 opinions

Appeal from Linn District Court. The plaintiff is a house-carpenter, and .the defendant is a carpenter, contractor and builder. In 1883 the plaintiff was in the employ of the defendant, working by the day, and' engaged with other employes of defendant in bnilding a one-story house for one Brown. While plaintiff was standing upon a scaffold engaged at work, the scaffold gave way, and plaintiff fell a distance of about five feet to the ground, and was injured.

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Appeal from Linn District Court. The plaintiff is a house-carpenter, and .the defendant is a carpenter, contractor and builder. In 1883 the plaintiff was in the employ of the defendant, working by the day, and' engaged with other employes of defendant in bnilding a one-story house for one Brown. While plaintiff was standing upon a scaffold engaged at work, the scaffold gave way, and plaintiff fell a distance of about five feet to the ground, and was injured. He brought this action to recover damages of the defendant for the injury. There was a trial by jury, and a verdict and judgment for the…

1Opinion of the Court

Rothrock, Ch. J.

After the introduction of the evidence, the court directed the jury to return a verdict for the defendant; and the question presented is whether there was any evidence in the case which would warrant a jury in finding the defendant liable for the injury. The evidence shows that the defendant contracted with Brown to furnish all labor and materials for the construction of the house. Brown was a carpenter in defendant’s employ. The defendant furnished *408suitable and sufficient materials for the erection of the house, and intrusted the supervision of the whole work to Brown, who…

2Cited by15 opinions

  1. Beesley v. F. W. Wheeler & Co.Michigan Supreme Court · 1894
  2. Burns v. Sennett & MillerCalifornia Supreme Court · 1893
  3. Newbury ex rel. Newbury v. Getchel & Martin Lumber & Manufacturing Co.Supreme Court of Iowa · 1896
  4. Barnsdall Oil Co. v. OhlerSupreme Court of Oklahoma · 1915
  5. Hathaway v. Illinois Central Railway Co.Supreme Court of Iowa · 1894

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