Peter Keeler Building Co. v. E. H. Titchener & Co.

Headnote

Negligence — contract — action to recover from subcontractor amount paid by contractor in settlement of judgment recovered against it by employee of subcontractor for injuries received by him while engaged in the work.

Keeler Building Co. v. Titchener & Co., 190 App. Div. 135 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 10, 1920, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. Plaintiff, which had a contract to erect a building for the state, entered into a subcontract with the defendant whereby the latter agreed to furnish and erect certain wire guards under skylights, the plaintiff to furnish and erect the necessary scaffolding. While one of defendant’s employees was engaged in erecting the guards and for that purpose had gone upon the scaffold erected by the plaintiff, the scaffold collapsed and he was precipitated to the floor receiving injuries for which he subsequently recovered damages against

the plaintiff, which, in tins, action, seeks to recover the amount paid in settlement thereof and the expenses of defense of the action from the defendant.