Hofer v. Bituminous Casualty Corporation

Plaintiff-employee sustained personal injuries arising out of and in the course of his employment.

Compensation benefits were paid him by defendant, the employer’s insurance carrier.

Plaintiff later commenced this action in tort against defendant-insurer claiming it had reserved authority under the employer’s policy of insurance to inspect work places; inspection was negligently made; the building on which plaintiff was working collapsed causing him injuries; defendant’s negligence was the proximate causo; and he was free from contributory negligence.

Defendant answered admitting plaintiff was…