American Engineering & Construction Co. v. Kostolnik

Opinion of the Court by

Judge O’Rear

Reversing.

Appellant and Charles F. Fitch & Co. had contracts for constructing a sewer in Louisville. Their contracts were separate. Their work was independent. Appellant wa:.s putting in the concrete work.' Fitch & Go. were dig*9ging the ditch, and, after the concrete was put in, they filled in the loose dirt so as to cover the sewer. Appellant had a track on trestles above the ditch on which they moved cars containing the raw concrete so as to dump it at the proper places. Appellee was a laborer working for Pitch & Co. He was employed at carpenter work in the…