Follansbee v. Ohse

This is an action of tort in which the plaintiff seeks to recover for personal injuries sustained by him while using a staging in painting the defendant's house, and alleged to have been caused by negligence of the defendant.

The plaintiff testified as follows: He had been a painter for nearly fifty years. He made an agreement with the defendant to paint his house for $130. It was a two and a half story wooden house with a pitched roof; the gutters were about twenty-six or twenty-eight feet above the ground and in bad condition. The plaintiff inspected the gutters: he first looked at the left…