Sutton v. Lerner Stores Corp.

The plaintiff was employed by a plumbing contractor, who was engaged in doing work for the defendant. He was severely scalded by stepping into a pit containing very hot water in the basement where he was working. The pit was about two feet square and fourteen inches deep. The plaintiff’s work involved the changing of certain pipe lines. He was loosening up a high connection with a fourteen-inch wrench when he stepped forward to be nearer his work and fell into the pit, which was in a corner of the basement and which he had not previously observed, because it was unguarded and the lights were…