Ingalls Iron Works Co. v. Standard Accident Insurance

Eberhakdt, Judge.

The basis of the nonsuit was that plaintiff failed to show that the steel delivered to the shop of Caldwell was actually used in the construction of the school. Caldwell, the subcontractor, testified that the steel had been unloaded on his yard and mixed with other items of the same kind or type that had been purchased from other suppliers, that he had several similar jobs going at the same time, and that it was thus impossible to say whether the steel from Ingalls had gone into the building. There was similar testimony from his employee, Davis, who had prepared the shop…