Benson v. Brady

PORTER, Chief Justice.

In September, 1949, defendant, John S. Brady, as owner, was engaged in the construction of an apartment house in Caldwell. He employed one T. W. McCoy as contractor to erect the concrete walls in the basement. Appellant Benson was a foreman for McCoy and supervised and aided in the construction of the forms for such walls and in the stripping of the forms from the walls after the concrete had been poured.

Parallel east and west walls were built standing 24 feet apart. The east wall, being the wall involved in this action, was 75 feet 6 inches long, 7 feet 4 inches high…