Walker v. Wittenberg, Delony & Davidson, Inc.

CoNLey Byrd, Justice.

The original opinion in this case was delivered December 5, 1966, Walker v. Wittenberg, Delony & Davidson, Inc., 241 Ark. 525. Appellee, Wittenberg, Delony & Davidson, Inc., hereinafter referred to as “architect,” is the only petitioner for a rehearing. The only issue1 before us is whether there was a contractual obligation upon the architect to be present continuously during construction of the funeral home where appellant, Robert Walker, a brickmason, was. injured. We hold that the architect had no such contractual duty and that he had no duty to prescribe safety…