Benson v. Action Electric Co.

Benson sued Action Electric Company, Inc. for injuries suffered in a fall from a scaffold inside a building. Both plaintiff and defendant were employed, in different capacities, to perform work in the building. Plaintiff and two co-workers were engaged in removing a parapet or hanging wall and defendant was engaged in tearing out the existing wiring and removing conduits that were hanging from the ceiling.

Plaintiffs complaint, in paragraphs 5 and 6, alleged: "5. That as a result of the negligence of said Defendant by and through its agents and servants, said defendant left unattended a…