Presser v. Siesel Construction Co.

Since this case involves two appeals and a cross appeal, we will discuss each appeal separately.

Siesel’s Appeal.

The basis of Siesel’s liability as found by the verdict was negligence in the manner of performing the contract with the government. Siesel contends it, as a general contractor subcontracting all the work, had only a common-law duty to warn of latent defects and not to place a barricade around the Nike elevator at the magazine level. There is a conflict of authorities whether the duty required for a negligence action can be predicated upon a contract. See Annos. 38 A. L. R. 403,…