Swartz v. Conradis

Opinion by

Mr. Justice Kephart,

The sole question in this, case is whether the employee of a subcontractor can maintain a common law action of trespass against the general contractor without showing, as part of his case, that the general contractor had rejected the Compensation Act. The court below answered in the negative, and plaintiff appealed.

The general contractor was erecting a school building. He sublet the plastering contract, and plaintiff was employed by the subcontractor. He was severely injured, while engaged at his work, by the falling of a ceiling, and received compensation…