Sumner, Admx. v. Lambert

This is an appeal on questions of law from a judgment of the Common Pleas Court of Montgomery County, which directed a verdict in favor of defendants at the close of the plaintiff’s case in an action for wrongful death.

The Hoke Plumbing Company, the employer of plaintiff’s decedent, held the primary contract to do the plumbing work for Forsythe Homes, Inc., which was engaged in building a large number of residences. The Hoke Plumbing Company engaged C. D. Webb to dig the ditches from the main sewer to the basement wall. Webb in turn subcontracted this work to Lambert Brothers, a partnership,…