Louis Cook Plumbing and Heating, Inc. v. Frank Briscoe Company, Inc.

HILL, Circuit Judge.

Appellee Briscoe was engaged by the United States to do certain construction and alterations on the United States Post Office and Customs House in Denver, Colorado. Briscoe subcontracted the pipe laying work to appellant Cook. Basically, appellant Cook’s job was to lay Ric-wil pipe in a trench dug by Bris-coe between the Customs House and the Post Office. On September 1, 1966, while the project was underway, a rainstorm occurred and rain water drained into the open trench where Cook was laying Ric-wil pipe. The rain water damaged the trench, the Ric-wil pipe already in the…