Poole v. Lutz & Schmidt, Inc.

Opinion of the Court by

Stanley, Commissioner—

Affirming..

The appellant, J. O. Poole, a steam fitter employed by J. J. Denzinger Company, was injured while at work in a building being remodeled for the Dearing Printing Company, in Louisville. He was struck by a piece of brick knocked out of a wall being demolished by employees of the appellee, Lutz & Schmidt, Incorporated, an independent contractor. He sued appellee to recover damages, and the court gave a peremptory instruction against him.

There was a 55-foot brick wall running north and south between an old room and another recently built…