Union Tank & Supply Co. v. Kelley

HUTCHESON, Circuit Judge.

Plaintiff, alleging1 himself to be an employee of one Bruce Wimberley, an independent contractor, sued as “an invitee of defendant” for damages for personal injuries sustained while unloading, from a box car, sheets of steel belonging to defendant.

The claim was that defendant was liable because defendant’s contract with Wimberley called for the performance of an inherently dangerous work, unloading, in the night time, wtihout adequate lighting, a box car full of heavy steel sheets which, to defendant’s knowledge but not to plaintiff’s, were so stacked as to be liable…