Dalton v. Pioneer Sand & Gravel Co.

The plaintiff, desiring to lay a concrete floor in his basement, ordered the required amount of ready-mix cement from the defendant, who delivered it to plaintiff’s home. The mix was poured directly into the basement from the truck by means of a chute, where the plaintiff, attired in heavy shoes, overalls and gloves, spread it with a shovel. After the floor was covered, he knelt on a large board, without using any°knee pads, and finished the smoothing of the surface with a smaller board and a trowel. The entire operation took about two hours.

Afterwards, while taking a bath, plaintiff noticed…