Schulte v. American Box Board Co.

The court granted defendant’s motion to dismiss plaintiff’s declaration, and plaintiff appeals, submitting the following question:

“Where corporation A, which has compensation insurance covering its employees, enters into a contract to construct a building for corporation B, and in the course of the work an employee of corporation *23A is injured by reason of a defective roof maintained by corporation B, may such injured employee maintain a common-law action against corporation B as a third-party tort-feasor?

“The lower court answered ‘No.’

“Appellant contends the answer should be ‘Yes.’ ”

Appellant…