Wurthlee v. Concrete Steel & Tile Construction Co.

The plaintiff was engaged, with others of the defendant’s employés, in removing certain materials from a building on which the defendant had a contract. While in the act of taking bolts from a “barrow hoist,” a piece of wood fell down the shaft, struck the plaintiff on the head, and inflicted injuries to recover damages for which this action was brought. The defendant appeals from a judgment rendered in the plaintiff’s favor.

The happening of the accident was clearly established, and it was shown that the piece of wood which struck the plaintiff belonged to the defendant. It was not proven,…