Hagerman Construction Corp. v. Weber

This case comes to us on petition to transfer from the Appellate Court under Acts 1933, ch. 151, § 1, p. 800, being § 4-215, Burns’ 1946 Replacement. See: Hagerman Construction Corporation v. William F. Weber, Jr. (1964), 202 N. E. 2d 758 for opinion of the Appellate Court.

*157Appellee instituted this action in the trial court for injuries sustained in a fall from the roof of a building under construction. Appellee’s fourth amended complaint contained the following allegations:

“Comes now the plaintiff, William F. Weber, Jr., and for cause of action against the defendant herein alleges and says:

“1.…