Wood v. Moore

Quillian, Judge.

1. The defendant insists that the petition sets forth no cause of action because it does not show that there was any duty owed by him to the plaintiff. With this contention *751we do not agree. When the defendant’s employees constructed the walls of the furnace he knew or should have known that there would be other people who would follow him and complete the construction. He owed those who followed a duty not to construct the furnace in such a negligent manner as would endanger their lives while completing the structure. A case very similar to the present one is McBurney v.…