Gillespie v. John W. Ferguson Co.

*471The opinion of the court was delivered by

Trenchard, J.

Daniel Gillespie, the plaintiff below, was an employe of the Babcock & Wilcox Company, whose place of business was at Bergen Point, Bayonne. On the evening of November 21st, 1905, he fell into a pit dug by the John W. Ferguson Company for the Babcock & Wilcox Company on the premises of the latter company in the course of the construction of a “gas producer house.”

This action was brought by the plaintiff against both companies to recover for injuries received in the fall.

The plaintiff’s testimony exhibited the facts following: The business…