E. B. McGurk, Inc. v. Fuller

On July 21, 1943, the defendant was engaged to weld a broken spring hanger on the plaintiff’s bulldozer. The machine was in use at a housing project on Oakwood Avenue in West Hartford. It was arranged that the welder come to the location of the machine at 4:30 p. m., after its use had been discontinued for the day. On the day in question the defendant’s employee came to the location of the machine at the

appointed time and was told by the plaintiff’s operator of the machine that he could proceed with the welding. He prepared his equipment, crawled under the bulldozer and began the welding…