Mennetti v. West Side Businessmen's Asso.

The faulty construction of the platform on which plaintiff was to perform his act is sufficiently established to sustain a finding that the platform was not safe. It is also evident that plaintiff’s fall was due to a condition which developed because of existing defects. To escape liability, the defendant first contends that the structure is not a “place of employment.” However, the use to which the platform was to be put and the relation of the men engaged there to the defendant’s operation, resulted in creation by defendant of a place in which work to be done was under the control of an…