Adams v. Misena Realty Co.

At five-thirty in the afternoon of February 1, 1932, the plaintiff, employed by Burns Brothers as a coal shoveler or trimmer, rode to the defendant’s building with two other employees on a coal truck for the purpose of delivering coal. On arrival at the building, they made their presence known to the defendant’s janitor, Schlecht, who thereupon receipted for the coal. Schlecht directed the coal to be unloaded over the scuttle hole in the sidewalk and then led the plaintiff, who had never been at the premises, into the cellar to instruct him where the coal was to be stored. After proceeding…