Nashville Bridge Co. v. Marsh

• Citation: 279 S.W. 1099,212 Ky. 728
• Parties: NASHVILLE BRIDGE CO. v. MARSH.
• Decision Date: 02 February 1926
• Court: Court of Appeals of Kentucky

279 S.W. 1099

212 Ky. 728

NASHVILLE BRIDGE CO. v. MARSH.

Court of Appeals of Kentucky.

February 2, 1926

Appeal from Circuit Court, Allen County.

Action by B. H. Marsh against the Nashville Bridge Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

Thurman B. Dixon, of Washington, D. C., and Roberts & Cooper, of Nashville, Tenn., for appellant.

N. F Harper and A. J. Oliver, both of Scottsville, for appellee.

McCANDLESS J.

Under a contract with the city of Scottsville, the Nashville Bridge Company constructed a steel reservoir or water tank about 20 feet in diameter and 50 feet in height. In its construction an interior scaffold was erected, consisting of several upright scantlings joined together and forming a post in the center. Other upright scantlings were spaced around the wall and cross-pieces were nailed to the center post, and also to the outer ones, radiating from the center like the spokes of a wheel. This scaffolding was built in 10-foot sections; planks being placed upon the crosspieces at the top of the section to afford a platform for the workmen. As the work progressed, additional sections were added by placing other uprights upon those already installed and continuing the same process, four 10-foot sections and one 5-foot section at the top being used.

At the completion of the work, it was accepted by the city except as to incidental calking in the event of leaks, and the foreman of the bridge company contracted with one Guthrie, a resident of Scottsville, to remove the scaffold; it being agreed that Guthrie should have the material as his compensation for the work. Guthrie employed hands and worked one afternoon removing the planks used for the platform and the two sections next the top. In doing this, the plank was first removed, and the crosspieces prized loose from the uprights with a pinch bar, where this could be done. Where it could not be done, the pieces were sawed in two, the plank and timbers being lowered to the ground, a piece at a time, by means of a rope. Guthrie was called away the following day, but told his hands that they might proceed with the work if they desired. Three of them went to work the following morning, and, while they were so engaged, the scaffolding gave way, and they were precipitated to the ground, one being killed, and plaintiff badly injured. Afterwards he filed suit against the Nashville Bridge Company for...