Schillinger Bros. v. Smith

Ernst E. Smith, defendant in error, a brick-layer employed by Schillinger Bros. Company, a corporation, plaintiff in error, while engaged in laying a wall of fireproof tile was injured by the falling of a scaffold provided for him to work upon, and he sued plaintiff in error to recover damages for his injuries. He charged in the various counts of his declaration that the scaffold was unsafe and plaintiff in error was guilty of negligence in furnishing it for his use; that the scaffold was overloaded by other agents and servants of plaintiff in error who were not his fellow-servants, and that…