De Ark v. Nashville Stone Setting Corp.

These two cases were tried together. Mrs. DeArk sued to recover for injuries sustained by her from falling into an excavation adjoining a sidewalk in Madison, Tennessee. Her husband, Charles DeArk, sued to recover for loss of her services and expenses incident to her injury.

The excavation had been made in the course of the construction of a building for the First American National Bank, the owner. The Bank employed Ií. C. Mathews, Inc., as its general contractor, to construct the building. Mathews employed Ira L. Hoffman as subcontractor, who in turn employed the Nashville Stone Setting…