Moen v. Aitken

Plaintiff was employed as carpenter by defendant, a contractor engaged in the construction of a five-story apartment house in the City of Portland. Shortly prior to time of injury plaintiff, who was working on an elevator shaft on the fifth floor, was ordered by defendant’s foreman, Miller, to go above and “put some two by fours between the ceiling joists and the roof joists” preparatory to lathing and plastering the elevator shaft. This shaft was about seven feet square. In order to accomplish the work it was necessary for the plaintiff to stand on some staging or scaffolding in the shaft…