Bergen v. Fortis Contracting Co.

Action to recover damages for personal injuries alleged to have been sustained by tripping over a plank protruding from a temporary wooden covering constituting part of a highway. Defendant E. W. Foley, Inc., contractor with defendant City of New York, subcontracted part of the work to defendant B. T. & J. J. Mack, Ine., which, in turn, engaged defendant Fortis Contracting Co., Inc., to take up and relay trolley tracks. During the course of this work defendant Fortis Contracting Co., Inc., laid the wooden covering. Each of defendants appeals from judgment for plaintiff against it, and each of…