Atherley v. MacDonald, Young & Nelson, Inc.

Appellants and respondent were joined as eodefendants in an action for personal injuries received by the plaintiff, Atherley, in a fall on a steel stairway under construction. Appellants filed a cross-complaint against their codefendant the respondent, alleging that respondent had agreed to construct the stairway on which the plaintiff fell and had agreed to hold appellants harmless from any liability caused by the act, omission or negligence of respondent. The cross-complaint asked for a declaratory judgment establishing the rights and liabilities of the parties under this contract.

Respondent…