Cartee v. Saks Fifth Avenue

Defendant Saks Fifth Avenue appeals: (1) from a judgment against it in plaintiff’s favor entered on a jury’s verdict of $26,500 after trial; and also from (2) an order dismissing, before the case went to the jury, appellant’s third-party complaint against defendant Allied Maintenance Co., an independent contractor impleaded by appellant.

On April 25, 1946, when the accident occurred, plaintiff, a plumber, was employed by the impleaded defendant, Allied Maintenance Co., which by contract with Saks & Company, the owner of the store premises in question, had complete charge of the maintenance and…