Pittsburgh-Des Moines Steel Company, a Corporation v. American Surety Company of New York, a Corporation, and Davis Construction Company, Inc.

SETH, Circuit Judge.

The appellee, American Surety Company, as a subrogee brought this action in indemnity against the appellant. Appellee was the insurer of Davis Construction Company, Inc., a prime contractor on a dam constructed in Wyoming. The defendant-appellant entered into a subcontract agreement with Davis whereby it was to erect structural steel on the face of the dam. During the course of this work an employee of appellant was injured in a fall from a scaffold. This injured employee recovered a judgment against Davis in the state court of Wyoming, and the case was settled before an…