Beverly v. Acme Scaffold Co.

Motion to dismiss a third-party complaint for legal insufficiency. The complaint alleges, in substance, that plaintiff, who was employed by Alvey Conveyor Manufacturing Co., Inc. (third-party defendant), on an alteration and construction job, was injured as the result of a fall from a scaffold which had been rented by Acme to plaintiff’s employer; that defendant Acme was negligent in renting said scaffold and its appurtenances and wheels without providing a safe and proper scaffold; in failing to inspect or test it and its appurtenances beforehand; in providing unsafe and inferior parts of…