Benn v. Null

• Decision Date: 11 December 1884
• Citation: 21 N.W. 700,65 Iowa 407
• Parties: BENN v. NULL
• Court: Iowa Supreme Court

21 N.W. 700

65 Iowa 407

BENN v. NULL

Supreme Court of Iowa, Des Moines

December 11, 1884

Appeal from Linn District Court.

The plaintiff is a house-carpenter, and the defendant is a carpenter, contractor and builder.In 1883the plaintiff was in the employ of the defendant, working by the day, and engaged with other employes of defendant in building a one-story house for one Brown.While plaintiff was standing upon a scaffold engaged at work, the scaffold gave way, and plaintiff fell a distance of about five feet to the ground and was injured.He brought this action to recover damages of the defendant for the injury.There was a trial by jury, and a verdict and judgment for the defendant.Plaintiff appeals.

AFFIRMED.

George W. Wilson and J. B. Young, for appellant.

Mills & Keeler, for appellee.

OPINION

ROTHROCK, CH. J.

After the introduction of the evidence, the court directed the jury to return a verdict for the defendant; and the question presented is whether there was any evidence in the case which would warrant a jury in finding the defendant liable for the injury.The evidence shows that the defendant contracted with Brown to furnish all labor and materials for the construction of the house.Brown was a carpenter in defendant's employ.The defendant furnished suitable and sufficient materials for the erection of the house, and intrusted the supervision of the whole work to Brown, who remained in his employ, working by the day with other employes of defendant.Defendant had other contracts, and was absent most of the time.Without any direction from Null, and in his absence, and without his knowledge, Brown and another employe selected the materials, and built the scaffold in...