Mann v. Max

The opinion of the court was delivered by

Parker, J.

The plaintiff, walking along the sidewalk of a public street in Jersey City, at night, struck his head against *192a beam of a scaffold used in the erection of a new building on land of the appellant, and .sustained personal injuries for which he recovered a judgment against appellant, which is the subject of this appeal. At the trial it appeared without dispute that appellant had made a general contract with one Balene for the erection of the building; that Balene had by further contract sublet the mason work thereon to one Giordano, and that…