Columbia Auto Parts Co. v. Shuman Construction Co.

The defendant Shuman, as contractor, was building an addition to premises of which the plaintiff (Columbia) occupied the cellar. There, about January 14, 1958, Columbia’s property was damaged after a heavy rain by an unusual backflow from a city sewer. The backflow came through drains left unplugged by plumbing and sprinkler subcontractors not negligently selected by Shuman. Shuman “had the right to stop a [sub]contractor when the work was not being done properly” and “to tell . . . [him] what to do” but its president did not think he had authority to “direct a subcontractor’s men.” It was a…