Catalano v. George F. Watts Corp.

The plaintiff, employed by the general contractor in the erection of a building, was injured by reason of the negligence of the defendant’s employees, the defendant being a subcontractor on the job. The plaintiff was paid compensation under the workmen’s compensation act by the Travelers Insurance Company, the, insurer of his employer, and this action is now prosecuted against the defendant for the benefit of the insurance company. In the Superior Court the defendant’s demurrer was sustained.

It was decided in Bindbeutel v. L. D. Willcutt & Sons Co. 244 Mass. 195, 198, where both contractors…