Lucas v. Pietkevich

There was evidence from which it could be found that the staging in question was defective and that the defect therein caused the plaintiff’s injury. The defendant does not deny this fact but claims that the staging was erected under the supervision of the plaintiff himself and that the case therefore comes within the rule of Frame v. Houston, 78 N. H. 375, and McIntyre v. McIntyre, 86 N. H. 479.

The staging was about seventy feet long and extended all around the barn. At the time of the accident the plaintiff was nailing up one of the cornice boards and was standing at the right-hand corner…