Clinton W. Tyler, Jr. v. Peel Corporation, Peihl Vankerhoof Corporation, and Peihl Corporation

JOHN R. BROWN, Circuit Judge:

The Georgia question here involved is the liability of the General Contractor of a building project to the Employee of a Subcontractor for injuries sustained by reason of the General Contractor’s failure, after being warned, to remove certain high tension wires running through the construction site in which the Subcontractor’s employees would be working. The District Court, by sustaining the General Contractor’s motion to dismiss, F.R.Civ.P. 12(b), determined that the Employee would have no claim. We disagree and remand.

Coming as they do solely from the complaint,…