Chicago, St. Paul, Minneapolis & Omaha Railway Co. v. McManigal

Ames, C.

A bare outline of the facts will suffice for an understanding of the problems presented for solution in this case.

William Rogers was engaged as foreman of a company of laborers, one of whom was the plaintiff, in the demolition of a building belonging to the defendant railway company and standing on its right of way. It is alleged that in the construction of the building, fourteen years previously, there was a defect of a character affecting its stability to such a degree as to render it more easily destructible than it would otherwise have been, but it is not *581claimed that such alleged…