Mideastern Contracting Corporation v. O'TOOLE

ti. HAND, Circuit Judge.

The defendant had a contract for the construction of a section of a subway in Brook lyn, in performing which it was necessary to put up temporary buildings. One of these was a two story house, part of the ground floor of which it used as a shelter for electricians, and an adjacent part as a “motor-generator” room, to charge batteries necessary in excavation. These two rooms were separated by a partition, put up after the house had been built, of wood for the lower third, and for the balance, of wire mesh covered on one side by tar paper. Electric wires carrying…