Appeal, No. 30, March T., 1955, from judgment of Court of Common Pleas of Allegheny County, April T., 1950, No. 2621, in case of Frank J. Tillile v. W. R. Konkle. Judgment affirmed.
George S. Goldstein, with him Thomas R. Eddy, and Morris F. Cohen, for appellant.
Bruce R. Martin, with him Dalzell, Pringle, Bredin & Martin, for appellee.
Before Stern, C.j., Stearne, Jones, Musmanno and Arnold, JJ.
OPINION BY MR. JUSTICE ARNOLD
In this action of trespass for personal injuries the jury rendered a verdict for defendant, and plaintiff appeals from the refusal of his motion for a new trial.
Defendant had contracted for, and had begun to erect for Disco Corporation, three buildings on Disco's premises in Fayette Township, Allegheny County. The contract provided that he perform all except electric and concrete work. Disco was to exercise no control but reserved the right of inspection to assure compliance with plans and specifications.
Under separate contract, Patterson-Emerson-Comstock, Inc., plaintiff's employer, undertook to supply all of the electrical work. Defendant was not a party to this contract nor did he have any control over the electrical contractor or its work.
On the day in question, one of the buildings having been sufficiently, though not fully, constructed to permit electrical work, the plaintiff and fellow employes commenced this part of the operation. Beneath and parallel with the roof was a chute for the conveyance of hot coke. Between this chute and the roof, running across the chute, was a catwalk, approximately eighty-seven feet long and three feet wide, from which employes of Disco would process the coke. The floor of this catwalk was steel grating which rested on steel beams forming part of the basic structure of the building. On either side of the catwalk was a steel railing which consisted of solid steel rods supported by upright steel posts. The latter were welded to the floor of the catwalk and spaced at approximately ten foot intervals along the entire length. The posts had holes, an inch in diameter, placed near the top and middle, through which ran the steel rods. Some of the rods would be welded to the posts where they entered the hole, while others would be welded beyond the holes at points
where they joined with other rods. Some were not yet welded together.
To perform their work, plaintiff and his fellow-employes constructed a scaffold atop the rails of the catwalk, upon which they stood to install fixtures in the roof. Defendant had no knowledge or notice that the railing was to be used as a support for the scaffold. The evidence is that no one made any attempt to inspect the rods to determine whether they were secure, except that they looked at it and thought it safe, and that they tested the scaffold and decided it to be secure. It was established that the work on the catwalk had not been completed by defendant and that ordinary inspection ...