Ireland v. Complete Machinery & Equipment Co.

The infant plaintiff herein recovered a judgment in the court below for injuries claimed to have been sustained when he placed his hand on a primer pump being used to pump water out of the basement of a building owned by the Bank of Manhattan. The pump was stationed in an alley owned by the bank and adjoining its building and was being operated by the defendant, an independent contractor.

Viewing the evidence in a light most favorable to him, the plaintiff was at best a bare licensee, and the question is whether the defendant was subject to the same rule of liability which defines the owner’s…