Joseph Rudolph Hamilton v. Armstrong Cork Company

DYER, Circuit Judge:

From a summary judgment for the defendant Armstrong Cork Company, the plaintiff Joseph Rudolph Hamilton appeals. Concluding, as we do, that there is a factual issue to be submitted to a jury we reverse.

In January, 1963, Armstrong contracted with the electrical contracting firm of Maultsby and Sutton to remove two poles and some power lines from Armstrong’s property. The lines extended across three creosoted poles. Hamilton, an employee of the independent contractor and an experienced lineman, was removing the wires from his position on top of the pole which was to remain…